keira-2007

Just interested. Now that we're finally buying a property in the States we figure we will be around for a few years. We're on L1 and L2. Hubbies company moved us over here on a permanent basis - definitely not a secondment. However, if for whatever reason, they won't sponsor us for Green Cards, as VISA holders and living here presently, can we still apply for Green Cards and pay for it ourselves, under our own steam - or do we still need hubbies company to sponsor us?

Noorah101

The company must sponsor you.

Rene

Socal Local

You have to be sponsored by the employer - I don't know of any way round this. The first part of the green card process, the I-140, is the employer's petition for an immigrant employee filed on your behalf.

I would recommend talking to your employer - if your hubby was moved here permanently, the company should be looking at how to ensure he is allowed to remain here and if he is L1 that is only good for a max of 7 years for L1-A or 5 years for L1-B.

My hubby and I both work for the same company and initially came here for a one year secondment on L1 but this subsequently turned into a more permanent move. We had difficulties in getting the company to see the green card as anything other than a benefit to us giving us freedom to go and work for someone else, so in the end to break the deadlock we agreed to paying a contribution towards legal fees and signing an agreement that if we leave within a certain period of time of receiving the green cards, we would be liable for the remaining costs.

It was frustrating but in the grand scheme of things the amount of money is not huge and we have no plans to leave so it was worth it to get things moving.

keira-2007

Thanks for that. I'll definitely get hubbie to suggest that. I was just reading on the Immigration website that most L1A's are good for renewing up to 7 years but after that time you have to reside outside the US for a year before resubmitting another VISA application. It definitely would be easier for the company to sponsor us... and they haven't said they won't, but like you said, they may see it as a risk to the company.

sambapink

My OH has just asked his company to sponser our Green Cards.. we have been here almost a year on L1A/L2.. They have agreed to it.. and as of yet haven't put any conditions on it, although i think thats likely to happen. We were more looking for the GC as our daughter turns 21 in 2 and a bit years and would have to go home, and thats what OH explained to his company. Good luck with it.

(p.s. not sure if any of that is grammatically correct - i'm cooking in this heat!!)

Socal Local

One other thing I forgot to mention, if you reach an agreement with the company, make sure you get something in writing. Many of the people we agreed ours with are no longer at the company, but I have a signed letter confirming who is paying for what when the bills start arriving

MsElui

if you become a gc holder you could also move to local T & C (my husband for instance still pays english NI and has UK holiday and paternity entitlement etc) If they get a GC for him and he becomes a local hire then the can renegotiate the t & C's back down to more local ones - which are a lot cheaper for the firm.

keira-2007

Turn yourself over hon - your starting to go a little crispy at the edges!

Just heard back from hubbie and they have given him the go-ahead - thank goodness. But I'll breathe deeper when I see the documents for myself! Now just to sort out the medical - we already got the paperwork for that a while ago - the only hold up is our immunizations. The records we brought with us from the UK don't show the immunizations we had at birth - I'm waiting on info from our old health authority, and that's taking ages!

...Hmm, cheaper for the firm. Less time off for hubbie though... Actually come to think of it, that may not be a bad thing at all!

jumping doris

We didn't have mine and OH immunisation records and so we had a titre test done at the medical. It told them what we had immunity to. I just didn't want to have the whole lot done again.

We had to ask for the titre test, it wasn't offered.

tychos

Can someone please clarify something....

If you are on an L1A (which i think is valid for 5 years?) and then get the company to sponsor your for a GC (which I think can take more than 5 years to get?) wont you have to leave the country after the L1A 5 years is up and then wait until the GC comes through ? Or am i wrong in my understanding? If the company sponsors you for a GC whilst on a L1A, does that mean you can stay longer than 5 years ?

We are thinking of coming over on a L1A with my company, but my concern is that we wouldnt get a GC before the 5 years is up and so would have to come back to the UK...... and we definetly wouldnt want to do that

Socal Local

I just replied to your other thread, but to answer your questions here:

- an L1-A can be extended for up to 7 years
- an L1-A visa holder is likely to fit the requirements for an EB1C green card application and even though these are taking longer at the moment than was typically the case in the past, it would be unlikely to run beyond the 7 years.
- as part of the green card application process it is possible to apply for a work authorisation (EAD) which would allow you to stay until the green card process had been adjudacated even if you ran out of time on the L1-A.

By the way, I think it is great that you are making sure you understand all your options for the green card before coming here. I mentioned earlier in the thread to someone else to make sure you get this agreed with the company in writing too.

meauxna

First of all, I appreciate your posts on the differences with the employment classifications and a whole bunch of things that I don't bother to keep track of!

A tiny clarification:

The EAD does not allow you to 'stay' until the Green Card.

When the L-1 is in the US, he is in L-1 status and must comply with the terms of that visa.
When the company 'sponsors you for a green card', the L-1 submits an application to Adjust Status to Permanent Residency (I-485). Having that pending does allow him to remain in the US, and apply for an EAD/Employment Authorization Document. I suppose at that point, he could kiss his employer goodbye and go work elsewhere (but it wouldn't be very sporting).
However, even if the L-1 runs out during this time, the person 'falls back' on the pending I-485. They're not L-1s anymore, but 'pending adjustment'.

The approval of the I-485 is what grants Permanent Resident status, aka a Green Card.

Socal Local

Thanks for the clarification - it is sometimes so difficult to get the wording right on these things. I didn't actually mean to imply that the EAD would give any additional rights beyond work authorisation with the existing employer whilst the I-485 is pending (even if the L1 had expired).

As for kissing the employer goodbye and going elsewhere at that point, beyond not being very sporting I think there is another rule called AC-21 that governs this and says that you need to be moving to a very similar equivalent position, have been waiting for I-485 for at least 6 months and possibly have an approved I-140 (although this is a subject of great debate on another immigration board I visit!) so there is certainly risk and complication involved in doing this.

This is probably slightly off topic for the OP but I thought it was worth mentioning.

MsElui

do try and get the green card processing written down in the contract. my husbands firm are being a trifle akward about this and there is no guarantee they will even apply for us so we may have zero choice but to return home at the end - even though at the moment its the absolute last thing we want to do.

keira-2007

Thanks for all the great information regarding the green card application. Thankfully, the top dog at hubbies work has just signed the form that gives the lawyers the green light to apply for the green card for us.... But now they need to know our permanent address... We are in the early stages of purchasing a house now but we obviously don't want to give the new address just yet... in case things turn lumpy! But we REALLY wanna get the application underway before the boss changes his mind! How soon d'ya reckon we are safe to give out the new address? Only after closing?