shullen

Hi I've been searching through the threads here but didn't get a straight answer.

My husband's company has agreed to apply for Green card for him for a position in NY State. What type of status will I (as his wife) get? Will I get green card as well, or will it be something else? If green card, does it mean that I can't start the application process until his green card is secured? If the waiting list for the quota is as long as 5 years, will I be allowed to live and work in US while waiting?

Many thanks for the answers!

Nutmegger

Your husband will initially have to be approved for and enter the US on a visa, before his company can petition for his green card. It sounds as if he is coming on an inter-company transfer -- some kind of L? If you can post what kind of visa he is coming on, the experts around here will be able to tell you what status you will derive from that.

shullen

Oh I didn't know that at all. At the moment, the offer letter just stated that the company would apply for his green card. Yes it is inter-company transfer. We had all assumed that he would get green card before he can start working in US.

Noorah101

Inter-company transfer would be an L-1 visa for him, L-2 for you and the kids. Whenever the company applies for his green card, then you and the kids can also be included and you'll all get green cards.

Rene

Marocco

They may also have petitioned for an employment-based immigrant visa.

AdobePinon

Exactly. OP should get husband to ask *exactly* what is being offered.

shullen

Many thanks for this. Now I know what are the differences between all these terms!

Did some research on L1 and L2 on the threads. It looks like my husband's company will file for his petition first, then we can put L1 and L2 application forward at the same time. Once we arrived in US, then we can apply for GC straight away. Is this correct?

shullen

What is the difference between employment based visa with L1? I thought the L1 would lead into employment based Green Card?

Marocco

If you are on an L1, you are not a permanent resident. The company may, or may not, petition for you to get a green card later on (something which a smart employee would make them agree to do beforehand, in writing). With an employment based immigrant visa, you become a permanent resident on arrival.

shullen

Is this the E2 visa you are talking about? If my husband get E2, what will I get? Still L2?

Marocco

EB-2 (not E2) is a particular kind of employment-based immigrant visa. See here.

Rete

Either way your husband will not have a green card upon arrival but will have to apply for one. Since the company said they will apply for him, it is dubious that it will be an EB-2. If he is being transferred to NY by the company he is presently working for, then it might very well be an L-visa for him and his family that they are applying for and they will then sponsor him and the family will have to coattail on his application with applications of their own at the same time for a green card.

Noorah101

Instead of having us all guess as what visa your husband is getting...why not just ask him...or ask the HR people at his company. That way, our answers won't keep confusing you even more.

Rene

shullen

The offer letter to him just said they will apply for Green Card for him. I only came to terms with L1 and EB-2 in this forum. I don't think his company has done many international transfers. That's maybe why the terms on the letter is not clear. Thanks anyway.

Noorah101

Understood, but your husband needs to ask what visa he's going to be getting. Or if he's getting a visa at all. Perhaps it is as Marocco suggested, that it's an employment-based green card...but that's rare, and I think it takes quite a while to obtain (i.e. years). So, you and/or your husband really needs to understand what the company is petitioning him for.

Rene