Rob_999

Hi,

I've just accepted a job in the US (Chicago), they're applying for a L1-A (intercompany transfer) for me and accompanying visas for the family (wife & daughter). They've also agreed to sponsor us for Green cards.

Couple of questions:
1) What's the timeline like to convert L1-A to Green card? Is there a waiting period before we can apply or can we get it underway as soon as L1-A is issued?
2) Is there a choice of visa for my wife. She's not planning to work immediately (our daughters only a few month old) but I'd rather get a work visa upfront in case she wants to go back to work
3) Is there anything else I should be asking the company to provide from a visa standpoint. They have agreed to pay all visa & processing costs for the family.

We're both british citizens but live in Vancouver, Canada as permanent residents. Daughter is Canadian and British citizen by descent (she'll have both Canadian & UK passports, we just have UK).

Many more questions to follow I'm sure..

Thanks,
Rob

tonrob

Wifey's fine. She gets an L-2 which allows her to get an EAD and therefore work.

Rob_999

Excellent - just what I wanted to hear, wifey might have a different opinion though!

mellybrown

hehe ye I had hoped that my EAD would take months to come through so I could be a lady of leisure....sadly it came in just over a month

ian-mstm

You can start the process as soon as the visa is issued. It's entirely up to the company though... so perhaps that could be negotiated and put in writing. You won't believe the number of companies that agree to sponsor for a GC and then decide afterwards not to, or drag their feet so long as to appear totally indifferent. As for timelines... anywhere from 6 months to a year or two. It depends on where you are (ie. which district office you use), how quickly the company attorneys file paperwork, how timely you are at getting information to them, etc.


Your wife and daughter will both receive L-2 visas. Your wife won't get a "work visa" but she can apply for employment authorization once you're all in the US. Of course... even if she has permission to work, she doesn't have to work if she doesn't want to!


Your company sounds wonderful - sometimes it's like getting blood from a stone to get a company to arrange all the visa and processing costs *and* agree to a GC application.


No worries.

Ian

Rob_999

Thanks Ian - very clear & helpful advise. Cheers

wordfool

Get the ball rolling asap, although I'm curious if you might have to wait a year to meet basic residency requirements. Anyone know? I had an L1-A and didn't apply for a GC until after I'd renewed that L1 for another three years. The GC application was sponsored and paid for by the company, but it was far from a smooth process, mainly because between the HR department and the immigration attorney they managed to almost screw the whole thing up at several stages.

For example, my second L1 expired while the GC application was still being processed and somewhere along the line a communicaiton that I needed to apply for a temporary work permit to tide me over got lost, so I never got one. Fast forward to GC interview... I'm asked to turn in my work permit, to which I reply "um, I don't have one". Brief silence, followed by a chuckle and an "OK". Phew! This was, of course, before 9-11

So my only advice is you have to stay on top of everything yourself, regardless of who is supposed to be handling it for you.

Mungo5

So here's an interesting question: If you're on an L1 and then apply for a Green card, are you still 'sponsored' by your employer.

Or in other words, once you have the Green Card can you leave that employer and goto another one?

Of course this is notwithstanding any sort of contract that might have been drawn up between you and your employer to that effect.

Thanks in adv.

TheCynick

Once you get the GC then you are eligible to work for any employer (apart from jobs for which only USCs are eligible, of course).

I recall reading somewhere on the forum that you should wait an amount of time before changing employers in this case (although this may only be the case if you have an I-485 application pending rather than having the actual GC in hand - I forget)

ian-mstm

For most (all?) areas of the US, residency for immigration purposes = 3 months.

Ian

ian-mstm

Yes. Applying for a GC does not alter the original visa sponsorship.


Yes. By the way... this isn't "in other words". This is a completely different scenario.

Ian

ian-mstm

There is no such legal requirement... it's a suggestion only. AFAIK, an employee who gets a GC can leave the sponsoring company the same day - if he so chooses.

Ian

JAJ

As far as I know, you can apply for a GC on Day One after arrival in the US on an L visa (if eligible). In fact, you can also skip the L visa and apply for an Immigrant Visa if you prefer.

wordfool

Yes, and be sure to use that fact as leverage for a promotion or pay rise

goldenstate31

what do you mean?