L1-A to GC

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Old Jul 22nd 2009, 4:10 pm
  #1  
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Default L1-A to GC

Hi Folks,
Just got my L1-A and relocating next week to NYC

My question is that we are convinced that we want to stay (i wont bore you with how we know this, we just do) therefore are next course of action will be to apply for a GC. I have a couple of questions that you good folks maybe able to help with;

How soon after we arrive can we start the GC process?
Does the fact I have a L1-A help towards getting a GC?
Is there an estimate on how long the GC process will take?

Cheers
Andrew
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Old Jul 22nd 2009, 4:19 pm
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Default Re: L1-A to GC

Originally Posted by arwush
Hi Folks,
Just got my L1-A and relocating next week to NYC

My question is that we are convinced that we want to stay (i wont bore you with how we know this, we just do) therefore are next course of action will be to apply for a GC. I have a couple of questions that you good folks maybe able to help with;

How soon after we arrive can we start the GC process?
Does the fact I have a L1-A help towards getting a GC?
Is there an estimate on how long the GC process will take?

Cheers
Andrew
How soon after we arrive can we start the GC process?

Two years ago immediately but I am not sure if this has changed again.

Does the fact I have a L1-A help towards getting a GC?

Yes because you don't need a labor cerification .You are probably EB2 right?
Is there an estimate on how long the GC process will take?

No idea depends on the Service center where you will file your petition.
Also depends when your visa number will become to be current.Also file AOS and I-140 concurrently - this is important and will give you additional protection in case your company gets into trouble.


Kind regards
CCR
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Old Jul 22nd 2009, 4:20 pm
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Default Re: L1-A to GC

Originally Posted by arwush
Hi Folks,
Just got my L1-A and relocating next week to NYC

My question is that we are convinced that we want to stay (i wont bore you with how we know this, we just do) therefore are next course of action will be to apply for a GC. I have a couple of questions that you good folks maybe able to help with;

How soon after we arrive can we start the GC process?
Does the fact I have a L1-A help towards getting a GC?
Is there an estimate on how long the GC process will take?

Cheers
Andrew
BTW you will need a lawyer for this -this is not DIY
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Old Jul 22nd 2009, 4:36 pm
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Default Re: L1-A to GC

thanks, I will use the same Boston based attorney who help with the L1A.

what do you mean - "your EB2 right?"
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Old Jul 22nd 2009, 4:42 pm
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Default Re: L1-A to GC

Originally Posted by arwush
thanks, I will use the same Boston based attorney who help with the L1A.

what do you mean - "your EB2 right?"
the L1A has some sub classifications like EB1 for executives or EB2 and EB3.

I have attached a link from yesterday for you where you find more information.

http://britishexpats.com/forum/showthread.php?t=621253

Good luck
CCR
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Old Jul 22nd 2009, 5:07 pm
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Default Re: L1-A to GC

thanks, I will check that thread out.

where would I find out my sub cat, there is nothing on the visa or on the I-797b
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Old Jul 22nd 2009, 5:08 pm
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Default Re: L1-A to GC

it just says L1A
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Old Jul 22nd 2009, 5:10 pm
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Default Re: L1-A to GC

Originally Posted by arwush
it just says L1A
I just checked my old L1 and there is nothing. But your attorney should know.

This will make a difference how fast you GC goes trough the process.

Kind regards
CCR
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Old Jul 22nd 2009, 5:49 pm
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Default Re: L1-A to GC

ccr,

just go this back from my attorney,

"“EB” signifies an employment-based preference category in the context of the green card process. Your L is a temporary (non-immigrant) work visa, it is not a green card. Thus, the EB classifications do not apply to the L visa. Those with approved L-1A petitions are often eligible to apply for a green card in the EB-1 category, which has a special sub-category for international managers. However, in order to pursue this, your employer must file an immigrant petition with USCIS to classify you as such (plus additional paperwork must be filed by you and your family to adjust your status to lawful permanent residents of the US).

If you are interested in exploring the employment-based green card process, I will be happy to provide you with more information. Feel free to e-mail or call."

i guess I could apply under the EB-1 category right.....?
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Old Jul 22nd 2009, 6:11 pm
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Default Re: L1-A to GC

Originally Posted by arwush
ccr,

just go this back from my attorney,

"“EB” signifies an employment-based preference category in the context of the green card process. Your L is a temporary (non-immigrant) work visa, it is not a green card. Thus, the EB classifications do not apply to the L visa. Those with approved L-1A petitions are often eligible to apply for a green card in the EB-1 category, which has a special sub-category for international managers. However, in order to pursue this, your employer must file an immigrant petition with USCIS to classify you as such (plus additional paperwork must be filed by you and your family to adjust your status to lawful permanent residents of the US).

If you are interested in exploring the employment-based green card process, I will be happy to provide you with more information. Feel free to e-mail or call."

i guess I could apply under the EB-1 category right.....?
I bed but don't know your role in your company.
Kind regards
CCR
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Old Jul 22nd 2009, 6:23 pm
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Default Re: L1-A to GC

Originally Posted by arwush
ccr,

just go this back from my attorney,

"“EB” signifies an employment-based preference category in the context of the green card process. Your L is a temporary (non-immigrant) work visa, it is not a green card. Thus, the EB classifications do not apply to the L visa. Those with approved L-1A petitions are often eligible to apply for a green card in the EB-1 category, which has a special sub-category for international managers. However, in order to pursue this, your employer must file an immigrant petition with USCIS to classify you as such (plus additional paperwork must be filed by you and your family to adjust your status to lawful permanent residents of the US).

If you are interested in exploring the employment-based green card process, I will be happy to provide you with more information. Feel free to e-mail or call."

i guess I could apply under the EB-1 category right.....?
This is correct what your attorney said. You will need his support
and your companies to figure out what they want to file .

I did this in 2007 but my circumstances changed hence I got married.

The only lesson I learned so far is to file either EB1 or EB2 because:

1. EB3 is oversubscribed -hence no Visa number available.
2. Sometimes your company policy will prevent you from filing I140.I-485
concurrently. This is exposing you to your company in the case you will be
laid off. I found this extremly unfair and this procedure shows also how
much your company values/trust you.
I can't mention my former employer in a pulic forum but I will respond to
private message.
If this procedure applies to you maybe should spend your private money
to hire a attorney and file your I-485 concurrently on your own expense.

Hope this helps
CCR
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Old Jul 22nd 2009, 6:32 pm
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Default Re: L1-A to GC

Originally Posted by crosscountryrider
the L1A has some sub classifications like EB1 for executives or EB2 and EB3.

I have attached a link from yesterday for you where you find more information.

http://britishexpats.com/forum/showthread.php?t=621253

Good luck
CCR
L1A are all EB1
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Old Jul 22nd 2009, 6:33 pm
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Default Re: L1-A to GC

Originally Posted by arwush
Hi
How soon after we arrive can we start the GC process?
You don't ... the company does ....
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Old Jul 23rd 2009, 7:05 pm
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Default Re: L1-A to GC

your company can start the gc process off imediatly - no delay needed.

typically L1A goes for EB1 which does not require labour certification - and thus is quicker to process - also is current unlike some of the other eb categories so no delay for that reason either.

We got our L1A - EB1 GC application in in the beginning of Feb this year and the lawyer told us to expect it to take about 12 months or so (if plain sailing and no issues crop up). We quickly got EAD, AP and biometrics done within 2 months or so - and now just sitting and waiting. We filed concurrently.
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Old Jul 23rd 2009, 7:33 pm
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Default Re: L1-A to GC

Originally Posted by Ray
L1A are all EB1
Not necessarily. EB-1 multinational manager requires being a manager for the company outside the US as well as a manager for the US company. You can get L-1A without having been a manager outside the US. A person with one year specialized knowledge abroad, and coming to the US as a manager, will qualify for L-1A but not EB-1.
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