smason

I have been working in the US just over 3 years on L1 visa. I have just renewed for another 3 years and have the 1yr extension papers also J.I.C.

Has anyone experience of obtaining their GC. I have been full time employed as this was a work based international assignment. After many visits back to the UK it now seems that we all prefer the US, (married with 2 kids 3+5) the childrens and spouse are on full L2's.

The job would be available but i would pay for the GC myself. Is it better to use someone like the advertised lawyers to do this? www.immigration.com

I guess I just want to know what is best from your experiences.

Folinskyinla

Hi:

It is up to you if you use a lawyer. The choice of which lawyer to use is up to you. You may want someone local to you.

Your case seems pretty straightforward. But one never knows if there are hand grenades sitting in the works.

Good luck.

Andrew Wilson

If you worked as a manger or exceutive abroad before you were transferred, and if you are working as or are offered a position as a manger or exceutive in the U.S., you may be able to skip the PERM labor certification proces and qualify for a green card as a transferring manager/exceutive.

The criteria for the L-1 are very similar to the I-140, but there are subtle differences. In general though, the EB-1 multinational executive/manager category is reserved for executives and managers of foreign companies who are transferred to the U.S. A multinational manager or executive is eligible for priority worker status if he or she has been employed outside the U.S. inpreceding the petition for at least one year by a firm or corporation and seeks to enter the U.S to continue service to that firm or organization.

The employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.

The petitioner must be a U.S. employer, doing business for at least one year, that is an affiliate, a subsidiary, or the same employer as the firm, corporation or other legal entity that employed the foreign national abroad.

No labor certification is required for this classification; however, the prospective employer in the United States must furnish a job offer in the form of a statement which indicates that the alien is to be employed in the United States in a managerial or executive capacity.

Requirements

A petition for a multinational executive or manager must be accompanied by a statement from an authorized official of the petitioning United States employer which demonstrates that:

(A) If the alien is outside the United States, in the three years immediately preceding the filing of the petition the alien has been employed outside the United States for at least one year in a managerial or executive capacity by a firm or corporation, or other legal entity, or by an affiliate or subsidiary of such a firm or corporation or other legal entity; or

(B) If the alien is already in the United States working for the same employer or a subsidiary or affiliate of the firm or corporation, or other legal entity by which the alien was employed overseas, in the three years preceding entry as a nonimmigrant, the alien was employed by the entity abroad for at least one year in a managerial or executive capacity;

(C) The prospective employer in the United States is the same employer or a subsidiary or affiliate of the firm or corporation or other legal entity by which the alien was employed overseas; and

(D) The prospective United States employer has been doing business for at least one year.


It is really up to you whether you would like to engage immigration counsel to handle the filings. In addition to the I-140, there is the I-485 adjustment of status filing or the immigrant visa process through the consulate in London. Given issues surrounding concurrent filings and some potential details with corporate relationship and/or your position, it is probably prudent to engage counsel to handle everything. While not required, you may become frustrated with all of the technical details of either the I-140 or 485 process.

If you have a comfort level with the process, you may file on your own, but certain EB-1 Mangers/Execs can be scrutinized depnding on your specifc duties and role with the company.

Feel free to contact me anytime if you have some questions about the process such as eligibility, time frames, where to file, filing fees etc.

Regards,

Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
<<snip>>

Britinsac

I came to the US with exactly the same Visa as you. I started the green card process on December 19th 2005 after 2 years here. I used a really good law firm in San Diego. My Adjustment of Status Notice came through in May 2006, less than 6 months after filing. I had my Green Card by July 2006.
Personally I am glad I used a law firm, the cost was reasonable and they knew the process inside out and I think they were responsible for the process being so speedy.

Folinskyinla

Hi:

Idle curiosity -- who?

Britinsac

Larrabee & Zimmerman

Folinskyinla

Hi:

I know Peter Larrabee and he is excellent. However, he has retired to Vermont, but his firm still exists and can be found at www.larrabee.com.

Andrew Wilson

I can confirm that is an excellent immigration law firm. They are part of our ABIL group---Association of Business Immigration Lawyers.

Peter did just retire after a long career but it is still a good firm.

Regards,

Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
www.srwlawyers.com
[email protected]