FUB05

Hello All,

I really need some advice about some important questions regarding applying for a green card in the EB3 category.

I am British and have been working in the USA for 18 months on an L1B Visa and my company have stated they will start to apply for a green card for me in this category. The 2 important questions I have are listed below:

1. I have a girlfriend from the UK who I definitely see myself having a future with. I am aware that applying for a green card consists of several stages but does anyone know the stage in the process in which my girlfriend and I would have to be married in order for her to inherit the green card through default via my application?

2. I know there is a long wait and a backlog of applications for EB3 category green cards. I've heard on average it is roughly 5 years. I have also heard a rumour that you do not have to be with your employer for the whole green card process. Has anyone else heard anything like this? For example if applying for the EB3 Category green card consists of 3 stages I heard from someone that after the second process has been finalised technically you can leave your employer and this would not hinder your application. This of course is not advised but I heard your application would still be processed.

Any assistance on these questions would be greatly appreciated.

Thanks

ian-mstm

I believe you need to be married prior to the I-485 interview.


AFAIK, if the I-140 is approved *and* the I-485 has been pending over 180 days, you can invoke AC-21. This will allow you to move to a new employer without losing the application.

I'm confident that if either of these responses are incorrect, someone will come along to correct them.

Ian

FUB05

Thanks for the follow up. Do you know if this means I can move to any employer in whichever country without losing my application for the Green Card? Also I am assuming moving to a different job would not affect my wifes green card application as well?

Does anyone also have a good link to a step by step simple process to applying for a green card in the EB3 category? There seems a lot of material out their but just wanted something relatively clear and concise.

scrubbedexpat099

Country or county? Move to another Country and the GC is moot.

FUB05

Hello Boiler yes I meant country and not county.

My company has an office in Canada an were under the impression that I could still work out of the office in Vancouver and they still apply for a Green Card on my behalf. They are checking with the company lawyers at the moment about this but judging on past experiences with this lawyer; getting an answer back may take longer than expected. That's why i was hoping someone here would have a definitive answer.

scrubbedexpat099

Application is not the issue, different when you have a GC.

FUB05

Ok so they can apply green card for me from a different country to the USA?
I am aware once you have a green card you have to live/reside in the USA.

My original/hypothetical question is along the lines of my application being approved at the I-140 stage and the I-485 has been pending over 180 days. Could i then look to work in a different country for a different company until my green card comes through or are you restricted to only moving to another company within the USA? I am aware that once i obtain a green card I will need to reside in the USA.

Socal Local

As far as the green card process goes there are three basic steps Labor Certification, I-140 and I-485.

As part of the first step, the labor certification you will get a priority date (either the date it is filed or the date it is approved, I can't remember which). In order to file I-485 you need your priority date to be current. It will also need to be current again in order for the I-485 to be approved. This is the part that makes EB3 applications take so long. You can check the monthly visa bulletins to see which priority dates are currently being processed for EB3 - I think it is somewhere around 2005 or 2006, but be aware that these dates do move backwards as well as forwards.

If I was in your position I'd be very worried about the time on L1 running out before your priority date becomes current as you can only remain in L1-B status for a maximum of 5 years. This maybe why the employer is suggesting a spell in Vancouver as a way to get around the issue, but again you need to understand what is required to allow you to legally work in Canada if this is the route they decide to go.

FUB05

I was under the impression that although the L1B visa has a maximum lifespan of 5 years, if you are in the process of applying for a green card then while this is happening you and your spouse receive some form of interim visa while this is going on. Has anyone else heard of this?

Socal Local

You can apply for EAD (employment authorisation) and Advance Parole (for travel) when you file I-485 and once approved, this would allow you to work after the L1 expires, but as with your earlier questions about AC21, the problem is that you might not be able to file I-485 within the validity period of your L1 visa. Your priority date has to be current before you can file.

This is definitely not going to be a straightforward process with the timelines involved so you and/or your company will need to work with the immigration attorney to make sure there is a clear plan for how to handle it.

ian-mstm

If you're going to be working in Canada, you'll need employment authorization from the Canadian government. Further, leaving the US while your I-485 is being processed is not a good idea... at least, not without Advance Parole. Be aware that any time outside the US during the process could jeapordize your GC application.

Ian

Socal Local

I am not sure about this - isn't there an option to do consular processing for an employment based green card rather than AOS, which might make this plan somehow workable? (subject to employment authorisation in Canada).

I stand by what I've said in my previous post though, that the OP's situation is a complicated one and definitely needs a clear plan from an immigration attorney to have any hope of navigating it successfully.

meauxna

I was wondering why this wasn't brought up.
I-485 is for Adjustment of Status, so the applicant has to remain in the US.

They can elect Consular Processing (aka 'applying for a visa') and be outside the US.

lisa67

At the moment it's June 2002

scrubbedexpat099

I thought that the assumption with EB3 was that you were outside the US, but there is a provision to adjust in country.

A bit like the VWP express versus CR1