L1 visa process questions

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Old May 22nd 2017, 4:10 pm
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Default L1 visa process questions

Hi everyone,

I've been lurking in the shadows and reading lots of posts and tbh I think I've read so much I've become confused and I'm hoping you can help.

The situation so far is my husband has accepted a post at his companies head office in Massachusetts, currently he oversees Europe, Middle East and South Africa. The company have filed the petition for an L1 visa for my husband and subsequent L2 visas for myself and our son and we're currently waiting to hear if it's granted. My question is what happens next if the petition is granted?

Thanks,
Debbie
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Old May 22nd 2017, 5:07 pm
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Default Re: L1 visa process questions

Once the initial petition is granted, your family each need to complete DS160 forms
When they are completed you get a reference number and you book and embassy appointment online.

If approved when you visit the Embassy, you will get your passports back in about a week and off you go.

Now is the time to check your passport expiry dates as if this year, I would renew them now if possible, before starting DS160

How old is your son as that is a crucial question and are you hoping to get to Green Card
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Old May 22nd 2017, 5:22 pm
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Default Re: L1 visa process questions

Originally Posted by Fred16
Once the initial petition is granted, your family each need to complete DS160 forms
When they are completed you get a reference number and you book and embassy appointment online.

If approved when you visit the Embassy, you will get your passports back in about a week and off you go.

Now is the time to check your passport expiry dates as if this year, I would renew them now if possible, before starting DS160

How old is your son as that is a crucial question and are you hoping to get to Green Card
Hi,

Thank you for replying.

So after we fill in the DS160 and book an appointment with the embassy is this when we do a medical as I've been reading on other posts or do we not need to do that bit?

My husbands passport has 9 years, mine has 10 (just renewed due to change of name when we married) and our son has 5 years (again just renewed)

Our son has just turned 10, and yes we would like to get a green card and become citizens of America 😊
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Old May 22nd 2017, 5:27 pm
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Default Re: L1 visa process questions

Just so you are aware, there is no automatic direct path to a green card from an L visa. The application MUST be made by the company and if they refuse, you're SOL.

As for your son, he is fine for another 11 years when he will age out and have some options. He will need a visa in his own right or he will have to return to the UK, assuming no citizenship at that point. It may be a good idea for hubby to check with his company that they plan to sponsor a GC application.

Oh, and for clarification, there is no such thing as a citizen of America. There is, however, a citizen of the United States of America.
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Old May 22nd 2017, 5:58 pm
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Default Re: L1 visa process questions

Originally Posted by Guindalf
Just so you are aware, there is no automatic direct path to a green card from an L visa. The application MUST be made by the company and if they refuse, you're SOL.

As for your son, he is fine for another 11 years when he will age out and have some options. He will need a visa in his own right or he will have to return to the UK, assuming no citizenship at that point. It may be a good idea for hubby to check with his company that they plan to sponsor a GC application.

Oh, and for clarification, there is no such thing as a citizen of America. There is, however, a citizen of the United States of America.
Hi,

We met with the company HR director last November and she told us they will apply for our green card, is this process best started sooner than later after we arrive with our visas and is this the route to citizenship? We have no plans on returning to the UK.

Thanks,
Debbie
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Old May 22nd 2017, 6:16 pm
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Default Re: L1 visa process questions

Originally Posted by DebbieBullen

So after we fill in the DS160 and book an appointment with the embassy is this when we do a medical as I've been reading on other posts or do we not need to do that bit?
You don't need the medical for an L visa, as it's a non-immigrant visa. You will need to get one when (as I've just done) you get sponsored for the Green Card.

I came over on L-1A so my path was for my company to sponsor me for EB-1C, which they said they'd do after 1 year of me being in the US. They were true to their word, but it might not be a bad idea to get it in writing. There is nothing stopping the company from petitioning for EB-1C (if your husband is L-1A anyway) straightaway, although the rules are slightly different between the 2. Most L-1A visa holders do qualify for EB-1C, but some don't. It hinges on whether you've been a manager level for more than 12 months outside of the US for the same company who is petitioning you, in the last 3 years.

The path from L-1B is different though and not as relatively straightforward as L-1A. Although if your husband gets his immigrant petition and Green Card approved, you and the children will also get them.

One more thing, you might want to ask the company about financial help to move as it's not cheap, and also repatriation costs if all goes wrong. I know some people have managed to get paid flights home once or twice a year too, but my company didn't do that. Saying that, I've not wanted to go back yet!
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Old May 22nd 2017, 6:17 pm
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Default Re: L1 visa process questions

Originally Posted by DebbieBullen
Hi,

We met with the company HR director last November and she told us they will apply for our green card, is this process best started sooner than later after we arrive with our visas and is this the route to citizenship? We have no plans on returning to the UK.

Thanks,
Debbie
After you've had a Green Card for 5 years, you can apply for citizenship (naturalization). Personally, if you've got no plans to return, I'd ask the company if they will do it sooner rather than later!
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Old May 22nd 2017, 6:26 pm
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Default Re: L1 visa process questions

DebbieBullen
What visa are they applying for L1A or L1B
If company stalls on green card (as my company) did have to leave the USA after a certain period (either 7 or 5 years )and can not return to work until you have been out of USA for a year
With a kid being in school you dont want that and from personal experience its horrible

So find out what visa
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Old May 22nd 2017, 6:59 pm
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Default Re: L1 visa process questions

Originally Posted by hmvsdog
You don't need the medical for an L visa, as it's a non-immigrant visa. You will need to get one when (as I've just done) you get sponsored for the Green Card.

I came over on L-1A so my path was for my company to sponsor me for EB-1C, which they said they'd do after 1 year of me being in the US. They were true to their word, but it might not be a bad idea to get it in writing. There is nothing stopping the company from petitioning for EB-1C (if your husband is L-1A anyway) straightaway, although the rules are slightly different between the 2. Most L-1A visa holders do qualify for EB-1C, but some don't. It hinges on whether you've been a manager level for more than 12 months outside of the US for the same company who is petitioning you, in the last 3 years.

The path from L-1B is different though and not as relatively straightforward as L-1A. Although if your husband gets his immigrant petition and Green Card approved, you and the children will also get them.

One more thing, you might want to ask the company about financial help to move as it's not cheap, and also repatriation costs if all goes wrong. I know some people have managed to get paid flights home once or twice a year too, but my company didn't do that. Saying that, I've not wanted to go back yet!
Hi,

Thank you for clarifying the medical question, it's reassuring to know that the embassy interview is the only thing to do then we can head out, one way ticket. 😁 We go over this Friday to secure an apartment, open a bank account and test drive a few cars, our planned move date is 1st of July and I was worried the medical would delay us.

My husbands been at manager level for the last 3 years with his company, they have plans for him to progress further over the next 2 years. I'm sure it's the L-1A visa, but I'll double check.

With regards to financial help we have pre agreed a large sum of money that we can draw down as and when we need it, we're selling everything in the U.K. and buying new when we get there, IKEA for now 😊. Like you we have no intention of returning for any reason, I moved from the south to the northwest 17 years ago when I met my husband and have never looked back, even when times got tough lol

Thanks again
Debbie
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Old May 22nd 2017, 7:01 pm
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Default Re: L1 visa process questions

Originally Posted by hmvsdog
After you've had a Green Card for 5 years, you can apply for citizenship (naturalization). Personally, if you've got no plans to return, I'd ask the company if they will do it sooner rather than later!
Thanks, will do 👍🏻
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Old May 22nd 2017, 7:13 pm
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Default Re: L1 visa process questions

Originally Posted by Fred16
DebbieBullen
What visa are they applying for L1A or L1B
If company stalls on green card (as my company) did have to leave the USA after a certain period (either 7 or 5 years )and can not return to work until you have been out of USA for a year
With a kid being in school you dont want that and from personal experience its horrible

So find out what visa
Hi,

My husbands just confirmed Its an L-1A visa.

Why was your experience so horrible if you don't mind me asking?

Debbie
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Old May 22nd 2017, 7:28 pm
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Default Re: L1 visa process questions

Originally Posted by DebbieBullen
Hi,

My husbands just confirmed Its an L-1A visa.

Why was your experience so horrible if you don't mind me asking?

Debbie


Well the company stalled on the GC, so having lived here for 7 years we had to leave for a year, which was the last year but one year before our youngest graduated. To be fair he could have gone into a meltdown but he was a rock for year


You should not run into that issue with L1A.
My Company finally filed for me in Jan and got my I140 approved last week
Medicals tomorrow
Hopefully we will be at GC September
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Old May 22nd 2017, 7:37 pm
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Default Re: L1 visa process questions

Originally Posted by Fred16
My Company finally filed for me in Jan and got my I140 approved last week
That's quick! My attorney advised me to expect 8-12 months. But YMMV I suppose.
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Old May 22nd 2017, 8:18 pm
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Default Re: L1 visa process questions

Originally Posted by hmvsdog
That's quick! My attorney advised me to expect 8-12 months. But YMMV I suppose.

124 days from receipt date to notice date
Oh and the USCIS website still has it as case received, so if you are looking there to see your status, it could very well be approved...
No idea when USCIS will update the information to the site
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Old May 22nd 2017, 8:19 pm
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Default Re: L1 visa process questions

Originally Posted by Fred16
Well the company stalled on the GC, so having lived here for 7 years we had to leave for a year, which was the last year but one year before our youngest graduated. To be fair he could have gone into a meltdown but he was a rock for year


You should not run into that issue with L1A.
My Company finally filed for me in Jan and got my I140 approved last week
Medicals tomorrow
Hopefully we will be at GC September
Wow, I see what you mean, I think I'd have gone into meltdown! I'm so glad it's worked out now though.

How did your children find integrating into the school system?
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