L-1a to Green Card processing route?
 

Hi guys,

I'm currently in the US on an L-1a Visa and my company are now going to sponsor me for a GC. :)

The company lawyer has explained the two routes to me and the advantages of each;

• Consular processing - faster with premium processing, free travel while processing
• Concurrent I-485 - cheaper, not having to leave US

With the current economic situation I want to take the route that will best protect me if anything goes wrong with the company while my application is in progress, and from what I have read it appears that the I-485 route is best;

• I-485 - I can stay in the US while this is pending and having a new job (when receiving work approval) will not cancel the application.
• Consular - the London embassy will reject the application if I no longer work for my sponsored company.

Does this agree with what you guys understand?


Cheers.

Re: L-1a to Green Card processing route?
 

I'm sure that there are others who have done this and they will step forward sometime soon to answer your question. There is one other poster who had questioned whether or not to go through the green card process and while thinking about it found that their company is being sold and their employment is no longer a certainty. They are starting the processing while living in the US.

Re: L-1a to Green Card processing route?
 

Thank you for the reply Rete.
I've asked the question to the company lawyer dealing with it too but wanted a (few) second opinion(s) from anyone on here that had been through similar experiences. :thumbup:

Re: L-1a to Green Card processing route?
 

One definite piece of advice I will give: have an independent consultation with an experienced local immigration attorney - one who does not represent your employer.

At issue is that permanent residence for you is actually two applications: the I-140 visa petition and the application for status (either immigrant visa or adjustment of status).

You are correct that job portability applies to adjustment of status. And it is the occupation that allows portability, not the intracompany relation. However, at some point the I-140 must have been approved for portability to crank in.

Also, despite portability, DHS retains power to revoke the initial I-140 due to the change of employer. If that happens, the I-140 is treated as if it never existed. In at least one unpublished 9th Circuit case, this did in the adjustment due to no underlying visa petition.

You questions are good ones - and it is a tad more complicated than at first glance appears.

Re: L-1a to Green Card processing route?
 

Yip, thank you sir.

I started the process of trying to find a local lawyer last night.
I'll contact a couple of guys today.

Re: L-1a to Green Card processing route?
 

I'm got a consultation tomorrow with a local lawyer! :thumbup:

Re: L-1a to Green Card processing route?
 

I'm about 9 months ahead of you (on the same basis L-1A --> EB-1C). We went with the concurrent I-140/485 application and have a priority date in late May 2017.

Feel free to bounce any concerns or late night doubts off me. Chances are, I've had the exact same thought!

Re: L-1a to Green Card processing route?
 

Thank you for the kind reply.
Have they given you any indication as to when you will be sent for interview?
i.e. When the full process will be complete?

I have decided to go down the consular processing route. Just waiting on my lawyer confirming that it has been sent and then I should get the I-140 aprroved within 15 days...then just the long wait for my interview date in London to come up.
Lawyer estimates 4-5 months.
Does that seem realistic?

I am not worried about the I-140 getting approved (it is the exact same info that got my L-1a approved in Aug), and the interview should be fine as there is nothing about me that should cause concern.

My worry is just the time it takes and the hard times that we are going through just now. If anything is to happen to my company within the time frame then I'm snookered!
I guess I'm just going to have to cross my fingers and try to ignore it until the summer!

Re: L-1a to Green Card processing route?
 

Are you submitting the I-140 as an EB-1C application? If so, there’s no way you’ll get it approved in 15 days. Premium Processing is not available for EB-1C cases.

But to answer your question, no. My company’s attorney just said I need to be patient. My L-1A was approved without RFE and they expected by EB-1C to be the same.

Re: L-1a to Green Card processing route?
 

Really?!
It is the company immigration lawyer that is telling me it can be filed with Premium Processing!

Re: L-1a to Green Card processing route?
 

https://www.uscis.gov/forms/how-do-i-use-premium-processing-service

Not available for international executives and managers.

Re: L-1a to Green Card processing route?
 

:ohmy: :banghead:

I'm going back to him now as that totally changes everything!!!

Thank you.

Re: L-1a to Green Card processing route?
 

I'm waiting to hear back from him.
That changes things for me.

If no premium processing available them I'm better filing the I-485 (plus travel and work permits) at the same time so that at least I may have some options available to me after 4 or 5 months when the WP is approved, or 6-7 months when the i-140 is approved.

Has your I-140 been approved by now?
Id so how long did that take?

What about a WP and TP?


Thanks.

Re: L-1a to Green Card processing route?
 

My I-140 is still pending along with my I-485. I filed in May 2017, so coming up to 9 months ago.

Perhaps foolishly, I didn’t bother with EAD as my L-1 allows me to work for my sponsoring company and I’ve got no intention of leaving them. Nothing stopping me from applying for it now though, although 9 months later seems futile.

I also didn’t get my Advance Parole, as I can leave the US and return on my L-1 without affecting the I-485. But again, maybe I should have done, at least for the option. Again, seems a moot point now.

Surely my 140/485 can’t be too much longer in the pipeline now.... Surely.

Re: L-1a to Green Card processing route?
 

The timings my lawyer gave me (although I'm doubting everything he says now), was 6-7 months for the I-140 and 12-14 months for the I-485.

I would defo apply for the EAD and AP just to give myself some options, but it is not clear to me whether they would actually be real options if anything was to go wrong with the company that sponsor me.

Regarding AP, this is what he said to me;

"You cannot travel while the I-485 is pending unless you also obtain a travel permit. When we submit the I-485 we also recommend filing the I-131 travel permit and the I-765 work permit. Those applications are usually approved in 4 to 5 months. After you obtain the travel permit you can travel while the I-485 is pending."

So I assumed that this means I cannot leave the US until the I-131 is approved, even on my L-1?