E or L visa to Greencard?

Old Feb 15th 2008, 7:05 pm
  #1  
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Default E or L visa to Greencard?

Hi there. WE are having a nightmare!

Company was sponsoring us for L1 and L2 visas for inter company transfer, and we were all ready to go and fly on 1 March, even though we hadn't had the appointment at the embassy and therefore no visa.

Time has ticked away and due to pressure on husband to be in US for specific business purpose by 2 March for at least 2 weeks, the legal firm acting for company has suggested E visa instead which is quicker. (Dont know if / why this would be the case?!)

Comapny have always said that they will sponsor us for Greencard also.

So, question is do we:
1. go for the E visa, then get Greencard, or
2. put off move for another month, and get L visa then greencard

Dont know which is better? I guess my main criteria is:
1. Can we still travel back to UK on both visas,
2. Do we have to come back to UK to convert to greencard / renew visa
2. Which is easier to convert to Greencard

HELP!!! AAARRRGGHHHHH!
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Old Feb 15th 2008, 7:10 pm
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Default Re: E or L visa to Greencard?

Which kind of E visa?

Surely it would be better all round if he just got a temporary visa to go out and do his work for the 2 weeks (maybe even on VWP) then come back and finish up the L stuff. Once the L petition is approved on this side it is just a matter of making an appointment at the Embassy and the visa is sent out a day or two after the interview. Adjusting from an L1A visa to a EB1-C greencard is a good way to go as the EB1-C category doesn't have a big backlog like some of the other categories. You don't have to return to the UK to do that either.

I don't know much about E visas but if you state the type others will be able to help.

Last edited by chicagojlo; Feb 15th 2008 at 7:14 pm.
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Old Feb 15th 2008, 7:15 pm
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Default Re: E or L visa to Greencard?

Originally Posted by chicagojlo
Which kind of E visa?

Surely it would be better all round if he just got a temporary visa to go out and do his work for the 2 weeks (maybe even on VWP) then come back and finish up the L stuff. Once the L petition is approved on this side it is just a matter of making an appointment at the Embassy and the visa is sent out a day or two after the interview. Adjusting from an L1A visa to a EB1-C greencard is a good way to go as the EB1-C category doesn't have a big backlog like some of the other categories. You don't have to return to the UK to do that either.

I don't know much about E visas but if you state the type others will be able to help.
They didnt tell us what type of E visa, but I guess from our response there are a few.
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Old Feb 15th 2008, 7:18 pm
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Default Re: E or L visa to Greencard?

My best advice to you right now is to get online and get researching all of this. You should never just rely on what a lawyer (or worse - HR person) tells you when it comes to things like immigration. Making the wrong decision now can come back to bite you on the behind later on.
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Old Feb 15th 2008, 7:19 pm
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Default Re: E or L visa to Greencard?

Originally Posted by Chrissywissy100
They didnt tell us what type of E visa, but I guess from our response there are a few.
Tell them to stuff there job ...
your being screwed .....

No GC possible from an E visa ...
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Old Feb 15th 2008, 7:24 pm
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Default Re: E or L visa to Greencard?

Originally Posted by Chrissywissy100
Hi there. WE are having a nightmare!

Company was sponsoring us for L1 and L2 visas for inter company transfer, and we were all ready to go and fly on 1 March, even though we hadn't had the appointment at the embassy and therefore no visa.

Time has ticked away and due to pressure on husband to be in US for specific business purpose by 2 March for at least 2 weeks, the legal firm acting for company has suggested E visa instead which is quicker. (Dont know if / why this would be the case?!)

Comapny have always said that they will sponsor us for Greencard also.

So, question is do we:
1. go for the E visa, then get Greencard, or
2. put off move for another month, and get L visa then greencard

Dont know which is better? I guess my main criteria is:
1. Can we still travel back to UK on both visas,
2. Do we have to come back to UK to convert to greencard / renew visa
2. Which is easier to convert to Greencard

HELP!!! AAARRRGGHHHHH!
Hi,
If E2 or L1, my understanding is once your petition is approved you will still need to arrange US-Embassy interview/appointment which will take 3-6 months. L1/L2 is a better option long term for GC.
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Old Feb 15th 2008, 7:54 pm
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Default Re: E or L visa to Greencard?

I am not sure from your post whether you already have the approvals for the L visa and just need to do the interviews or whether they have not started the process off at all yet.

If they have not applied at all, I would definitely go for the L visa and get them to pay for premium processing which guarantees it will be done in 15 calendar days (and in fact my renewal that was just done on PP only took about 5 days).

Luckily the backlog for visa appointments in London does not look too bad at the moment and you could make your appointment as soon as you have the approval, so it would hopefully mean only postponing your move by a few weeks.

I agree with Chicagojlo about doing more research on this stuff. I think it is easy to assume that it is all being handled by the company/lawyers, but they are usually going to be acting in the best interests of the company rather than you.
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Old Feb 15th 2008, 8:21 pm
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Default Re: E or L visa to Greencard?

I think someone here got an appointment with only a week's notice. Once you've had the interview the visa goes out in the next day or so.
You need to make sure that you follow the correct procedures regarding travel to the US too during any pending applications. I seem to remember our lawyer telling us we shouldn't travel even on a VWP while we had our application in. And I mean check yourself rather than asking the lawyer!
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Old Feb 15th 2008, 9:11 pm
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Default Re: E or L visa to Greencard?

Originally Posted by chicagojlo
I seem to remember our lawyer telling us we shouldn't travel even on a VWP while we had our application in.
Yes, we were told the same thing, although I remember reading another thread on here recently that seemed to indicate that there is no hard and fast rule against this, but doing this could cause problems at the POE.
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Old Feb 15th 2008, 10:23 pm
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Default Re: E or L visa to Greencard?

Originally Posted by Chrissywissy100
WE are having a nightmare!
YOU are having an inconvenience... people in Darfur are having a nightmare! Let's try to keep things in perspective.

Ian
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Old Feb 15th 2008, 11:20 pm
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Default Re: E or L visa to Greencard?

Originally Posted by Socal Local
Yes, we were told the same thing, although I remember reading another thread on here recently that seemed to indicate that there is no hard and fast rule against this, but doing this could cause problems at the POE.

we travelled on vwp whilst processing an L1A/L2 no problem.
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Old Feb 16th 2008, 12:27 am
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Default Re: E or L visa to Greencard?

Originally Posted by Ray
No GC possible from an E visa ...
Hi:

Really? On what basis do you say that? Curious minds would like to know. I read the question as implying he is a managerial employee and not the direct investor.

It is true that many "E's" cannot get green cards. But that is quite different than saying that NO "E" can get a green card.
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Old Feb 16th 2008, 12:29 am
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Default Re: E or L visa to Greencard?

Originally Posted by Solo
Hi,
L1/L2 is a better option long term for GC.
Solo
Hi:

Same question as to Ray -- why do you say that?

To the OP, for some reason, there is a prejudice against "E" visas on this board.
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Old Feb 16th 2008, 2:31 am
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Default Re: E or L visa to Greencard?

Originally Posted by Folinskyinla
Hi:
Really? On what basis do you say that? Curious minds would like to know. I read the question as implying he is a managerial employee and not the direct investor.
It is true that many "E's" cannot get green cards. But that is quite different than saying that NO "E" can get a green card.
Being a non-imigrant visa and the E-2 being suppose to be a temporary visa
and E visa is not dual intent.

I suppose the employer could apply for a different visa while in that position
But have never read or heard of an employer doing so ..when they had the option of an L at the start
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Old Feb 16th 2008, 4:50 am
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Default Re: E or L visa to Greencard?

Originally Posted by Folinskyinla
To the OP, for some reason, there is a prejudice against "E" visas on this board.
Prejudice presupposes prejudgment. The judgments made on the E2 are from knowledge, not ignorance. The visa is crap. Period.
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