richard42

Hi all,

I have my L1B visa and my wife has her L2 visa. We are moving to the US in January 2018.

We want to start the application for our Green Cards as soon as is reasonably possible.

I have read (too much) about applying for a green card, and all the information I've read tries to explain the processes in one document, starting from any of the visa types, and I find as the authors have tried to write one document to cover everything, they're not clear at all and different documents say different things (I've no doubt when I understand the process what they've written will make sense but to someone that doesn't understand it, they're very unclear).

Can any one explain the process please, what steps do we need to take, and what are the timeframes?

My employer has applied for the L1B for me, which I now have and is in my passport, ditto for the L2 for the missus.



Thanks,
Richard Wood

scrubbedexpat099

The Lawyer appointed by your Lawyer deals with, not saying there is nothing for you to do, but not much.

S Folinsky

A long time ago, a court described the Immigration & Nationality Act as a "never never land where plain words do not always mean what they say."

The answer to your questions is really quite fact dependent. You don't give enough facts to frame an intelligent answer.

That said, your post suggests that your employer will have to go through the labor certificate process followed by a visa petition for "EB-3" classification. Much of what immigration lawyers do is to try to avoid this path if possible. Sometimes a marginal employment based immigrant case will be attempted with the idea one remains in valid non-immigrant working status.

You also do not provide any details regarding your spouse.

Noorah101

The employer begins the process of applying for your green card, it isn't something you can do on your own. There is nothing for you to do until the company lawyer contacts you for information to fill out forms.

If you haven't had the green card discussion with your employer yet, you'll want to do that as the first step. Be aware the employer doesn't have to apply for your green card at all, and can drag their feet until your visa runs out.

Rene

richard42

Thanks for your reply. Happy to supply additional information, what details would you like to know?

Thanks Rene, that is interesting. There has been no mention of a green card by anyone yet. They are aware that we intend this to be a permanent move to the US.

I shall ask my US boss who has organised our visa application.

scrubbedexpat099

Well you may want to stay in the US permanently but once you have your GC you are free to work elsewhere.

Normal to include in any negotiations that a GC will be applied for with x period of time of arrival.

All you can do now is ask and see.

Noorah101

I'm fairly sure the employer won't mention it. They might know you would like to make this a permanent move, but they are under no obligation to get your green card unless it was put in writing as part of the offer/contract.

Yes, that's what you need to do. Be aware he can say anything he wants, but under no obligation to follow through.

Let us know how it goes.

Rene

Pulaski

You appear to have entered a minefield having given up any chance of substantial leverage to achieve what you "want", by completing the L-1 visa process without discussing and agreeing a strategy for applying for green cards on your behalf.

You will need some luck, and perhaps a lot of it, to get what you "want" given where you have currently found yourself in relation to your goal of permanent residence.

S Folinsky

Actually, I do not want anything. I never accepted cases from these forums. On top of that, I am now retired and only do volunteer work and attorney-on-attorney consultation.

What I am saying is that there is a tendency to presume or assume facts and the path to pursue. It may very well not be true.

Fred16

I am guessing you will be going down the PERM route, so do a search on this word and specifically chose the "US Immigration, Citizenship and Visas"

You will get some goods hits, however you need to know if this is the route your employer is suggesting

deadshoppingmalls

It has little or anything to do with what you want unfortunately. Your company and their lawyers will need to do EVERYTHING when it comes to this. My own company would only apply for GC for employees after 1 year of US employment and that we "met or exceeded expectations" in the role.

Went through this - it took about 18 months from end to end

First a "prevailing wage" is assessed - basically making sure your company are paying you at least what the Feds think you should be earning locally

then the PERM takes place. This is the crappy assessment where they ensure that no US citizen can do the job you do. They have to post the job, interview people and ensure that boxes are ticked. This took 180 days for me. You are not allowed to discuss this process with your employer, at least officially. Is it discussed with your boss over drinks outside of the US on a business trip? Maybe.

Then there is the I-140. This is the petition for an alien of ability to be approved to apply for your adjustment of status. This can be expedited.

Then there is the I-485 trifecta where your Adjustment of status, EAD and AP are processed. the EAD and AP are largely irrelevant as you will more than likely still be in L1/L2 status. Nowadays - you need to interview at this level - but you can bet your bottom dollar that this will take ~6-9 months based on the fact you aren't Indian, Chinese or Filipino.

In short, it takes as long as it takes and is based on your relationship with your employer. Just be philosophical about it - and prepared for it NOT to work out, then go out for drinks the day you get your approval

S Folinsky

I used to work for a firm in which a substantial portion of employment based cases went via the spouse who rather have preferred to have s
tayed as a homemaker.

I remember one man whose potential immigration was quite problematical. Then asked about spouse - wife was an RN trained in Canada. Went from difficult to as close to a slam dunk as exists in immigration law.

richard42

After talking to the US boss the GC process will start soon after I transfer from the UK branch of the company to the US branch. (have this in an email)

The original offer letter also states that the job is permanent.

Average industry wage is about $120k, I'm starting on $80k due to the poor market conditions at the moment.

I don't think that'll be a problem, there's 5 other people with the knowledge to support / develop the software and they all chose redundancy after closing the local UK offices.

Part of the L1B application process was illustrating that it would take at least 2 years for anyone to start to be productive, and during that time business would be lost, etc, etc.

Sounds an awful lot like the I-797B application process. One wonders why they like to duplicate work!

I think this is a good principal to follow.

Work has confirmed they are applying for it, and the process is out of my hands, so no point in worrying about it.


Thanks all.

scrubbedexpat099

In your situation sounds like you have them over a barrel, why take a cut?

hmvsdog

I might be reading too much into this (and apologies if I am), but by this statement about closing the UK offices. Does that mean your company won't have a UK presence? Wouldn't that invalidate the L-1B? I think it would invalidate my L-1A if my company decided to close its UK office.