L1A-EAD-LPR? Help!!!!
Sep 16th 2005, 11:32 am
#1
Guest
Posts: n/a
L1A-EAD-LPR? Help!!!!
Hi Chaps,
Here's the situation a friend of mine is Working for Company "A" on a (L1A)
Visa Company is very supportive but he thinks Company "A" is a little
financially unstable .
Company "B" Big Company many employees has asked him to come across and work
for them (Same Type of Employment) here are the questions.
1. If Company "A" files his I 140 and 485 can he apply for an EAD at that
time and work for company "B" Part-time.?
2. Can Company "B" apply for his I 140/485 if Company "A" goes out of
business or carry on his application if the application is in and pending?
3. Can Company "B" apply for his I140/485 anyway without any relationship
I.E before he works for them?
Just to give you some background he is in his 4th year of L1A and a
French/UK dual Citizen don't know if that makes any difference. Any ideas
best way forward etc any comments really appreciated
Hope you can help guys all this went way over my head but I'm sure there
will be some help out there........Kevin well done mate congrats!!!! I will
buy you a drink if we ever meet!!!
The Goose!!!
Here's the situation a friend of mine is Working for Company "A" on a (L1A)
Visa Company is very supportive but he thinks Company "A" is a little
financially unstable .
Company "B" Big Company many employees has asked him to come across and work
for them (Same Type of Employment) here are the questions.
1. If Company "A" files his I 140 and 485 can he apply for an EAD at that
time and work for company "B" Part-time.?
2. Can Company "B" apply for his I 140/485 if Company "A" goes out of
business or carry on his application if the application is in and pending?
3. Can Company "B" apply for his I140/485 anyway without any relationship
I.E before he works for them?
Just to give you some background he is in his 4th year of L1A and a
French/UK dual Citizen don't know if that makes any difference. Any ideas
best way forward etc any comments really appreciated
Hope you can help guys all this went way over my head but I'm sure there
will be some help out there........Kevin well done mate congrats!!!! I will
buy you a drink if we ever meet!!!
The Goose!!!
Sep 16th 2005, 3:41 pm
#2
Guest
Posts: n/a
Re: L1A-EAD-LPR? Help!!!!
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THE GOOSE wrote:
> Hi Chaps,
>
> Here's the situation a friend of mine is Working for Company "A" on a
> (L1A) Visa Company is very supportive but he thinks Company "A" is a
> little financially unstable .
>
> Company "B" Big Company many employees has asked him to come across and
> work for them (Same Type of Employment) here are the questions.
>
> 1. If Company "A" files his I 140 and 485 can he apply for an EAD at that
> time and work for company "B" Part-time.?
Yes. However, company B in this case would have to also apply for an LC and
an I-140 immediately, and substitute the I-140. Otherwise, if company A
goes out of business before his I-485 is approved, the I-485 would get
denied and he'd have nothing to fall back on. He may be able to get an
H-1B, but the way it is right now, there could be a 1-year+ delay because
of the H-1B quota.
> 2. Can Company "B" apply for his I 140/485 if Company "A" goes out of
> business or carry on his application if the application is in and pending?
In rare cases, it might be possible to transfer the LC. But realistically,
you should expect that it cannot be transferred and you will need a new LC.
> 3. Can Company "B" apply for his I140/485 anyway without any relationship
> I.E before he works for them?
Yes, absolutely.
> Just to give you some background he is in his 4th year of L1A and a
> French/UK dual Citizen don't know if that makes any difference. Any ideas
> best way forward etc any comments really appreciated
It makes a little bit of difference. The L-1A means that he probably
qualifies for an EB-1 Green Card, and his citizenship indicates that he
probably falls into the worldwide quota (actually, country of birth
matters, not citizenship). The priority date for that combination is
current, and with luck may remain current.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Hash: SHA1
THE GOOSE wrote:
> Hi Chaps,
>
> Here's the situation a friend of mine is Working for Company "A" on a
> (L1A) Visa Company is very supportive but he thinks Company "A" is a
> little financially unstable .
>
> Company "B" Big Company many employees has asked him to come across and
> work for them (Same Type of Employment) here are the questions.
>
> 1. If Company "A" files his I 140 and 485 can he apply for an EAD at that
> time and work for company "B" Part-time.?
Yes. However, company B in this case would have to also apply for an LC and
an I-140 immediately, and substitute the I-140. Otherwise, if company A
goes out of business before his I-485 is approved, the I-485 would get
denied and he'd have nothing to fall back on. He may be able to get an
H-1B, but the way it is right now, there could be a 1-year+ delay because
of the H-1B quota.
> 2. Can Company "B" apply for his I 140/485 if Company "A" goes out of
> business or carry on his application if the application is in and pending?
In rare cases, it might be possible to transfer the LC. But realistically,
you should expect that it cannot be transferred and you will need a new LC.
> 3. Can Company "B" apply for his I140/485 anyway without any relationship
> I.E before he works for them?
Yes, absolutely.
> Just to give you some background he is in his 4th year of L1A and a
> French/UK dual Citizen don't know if that makes any difference. Any ideas
> best way forward etc any comments really appreciated
It makes a little bit of difference. The L-1A means that he probably
qualifies for an EB-1 Green Card, and his citizenship indicates that he
probably falls into the worldwide quota (actually, country of birth
matters, not citizenship). The priority date for that combination is
current, and with luck may remain current.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Sep 17th 2005, 11:13 am
#3
Guest
Posts: n/a
Re: L1A-EAD-LPR? Help!!!!
Hi Sorry just a couple of follow up questions.
1. So Just to get this right....... Company "B" Can apply for the I140/485
at anytime without any relationship. But Company "B" must get an (LC)= Labor
cert? for him...are not L1As exempt from LC?
2. But am I right In telling him that with an 140/485 pending he qualifies
for an EAD and so can work at Company "B" Part-time And that he is unable to
work there without the EAD even if it is the same role he performs for the
Company "A" Although in a part-time capacity.
3. Am I right in thinking that he must work for Company "A" for at least 6
Months after he gets his approval?.......and if that is the case is that
from when the 140 is approved or is it the whole process is finished. and
his passport is stamped and green card ordered?
Hope you can help
The GOOSE!!
"THE GOOSE" <[email protected]> wrote in message
news:[email protected] ink.net...
> Hi Chaps,
> Here's the situation a friend of mine is Working for Company "A" on a
> (L1A) Visa Company is very supportive but he thinks Company "A" is a
> little financially unstable .
> Company "B" Big Company many employees has asked him to come across and
> work for them (Same Type of Employment) here are the questions.
> 1. If Company "A" files his I 140 and 485 can he apply for an EAD at that
> time and work for company "B" Part-time.?
> 2. Can Company "B" apply for his I 140/485 if Company "A" goes out of
> business or carry on his application if the application is in and pending?
> 3. Can Company "B" apply for his I140/485 anyway without any relationship
> I.E before he works for them?
> Just to give you some background he is in his 4th year of L1A and a
> French/UK dual Citizen don't know if that makes any difference. Any ideas
> best way forward etc any comments really appreciated
> Hope you can help guys all this went way over my head but I'm sure there
> will be some help out there........Kevin well done mate congrats!!!! I
> will buy you a drink if we ever meet!!!
> The Goose!!!
>
1. So Just to get this right....... Company "B" Can apply for the I140/485
at anytime without any relationship. But Company "B" must get an (LC)= Labor
cert? for him...are not L1As exempt from LC?
2. But am I right In telling him that with an 140/485 pending he qualifies
for an EAD and so can work at Company "B" Part-time And that he is unable to
work there without the EAD even if it is the same role he performs for the
Company "A" Although in a part-time capacity.
3. Am I right in thinking that he must work for Company "A" for at least 6
Months after he gets his approval?.......and if that is the case is that
from when the 140 is approved or is it the whole process is finished. and
his passport is stamped and green card ordered?
Hope you can help
The GOOSE!!
"THE GOOSE" <[email protected]> wrote in message
news:[email protected] ink.net...
> Hi Chaps,
> Here's the situation a friend of mine is Working for Company "A" on a
> (L1A) Visa Company is very supportive but he thinks Company "A" is a
> little financially unstable .
> Company "B" Big Company many employees has asked him to come across and
> work for them (Same Type of Employment) here are the questions.
> 1. If Company "A" files his I 140 and 485 can he apply for an EAD at that
> time and work for company "B" Part-time.?
> 2. Can Company "B" apply for his I 140/485 if Company "A" goes out of
> business or carry on his application if the application is in and pending?
> 3. Can Company "B" apply for his I140/485 anyway without any relationship
> I.E before he works for them?
> Just to give you some background he is in his 4th year of L1A and a
> French/UK dual Citizen don't know if that makes any difference. Any ideas
> best way forward etc any comments really appreciated
> Hope you can help guys all this went way over my head but I'm sure there
> will be some help out there........Kevin well done mate congrats!!!! I
> will buy you a drink if we ever meet!!!
> The Goose!!!
>
Sep 18th 2005, 1:19 pm
#4
Guest
Posts: n/a
Re: L1A-EAD-LPR? Help!!!!
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Hash: SHA1
THE GOOSE wrote:
> Hi Sorry just a couple of follow up questions.
>
> 1. So Just to get this right....... Company "B" Can apply for the I140/485
> at anytime without any relationship.
Correct.
> But Company "B" must get an (LC)= Labor cert?
Correct.
> for him...are not L1As exempt from LC?
First of all, my apology. I had indeed overlooked that point.
That said, it's not quite as simple as this. L-1As aren't automatically
exempt from the LC. Rather, *most* L-1As already meet the criteria for an
EB-1 without LC requirement.
That's both good and bad for you. If it truly was tied to the L-1A, company
B would definitely not be able to bypass the LC (because you never worked
abroad for B, you would not be eligible for an L-1A, only for an H-1B).
In the end, you will need to ask an attorney whether or not an LC is
required in your particular situation.
> 2. But am I right In telling him that with an 140/485 pending he qualifies
> for an EAD and so can work at Company "B" Part-time
Correct.
> And that he is unable to work there without the EAD
Probably also correct. Unless he manages to get an H-1B, which is unlikely,
plus it would prevent him from working for company A without an EAD unless
A also gets him an H-1B. OK, I admit that this is a complicated sentence.
You may need to read it twice before it makes sense ;-)
By the way, if he uses his EAD to work for B, he also needs to use his EAD
to work for A, since his L-1A ceases the day he starts the second job.
> even if it is the same role he performs for
> the Company "A" Although in a part-time capacity.
Correct. What matters is the specific job, not just the job duties but also
employer and location need to match.
> 3. Am I right in thinking that he must work for Company "A" for at least 6
> Months after he gets his approval?
No. At least six months after he files his I-485.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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THE GOOSE wrote:
> Hi Sorry just a couple of follow up questions.
>
> 1. So Just to get this right....... Company "B" Can apply for the I140/485
> at anytime without any relationship.
Correct.
> But Company "B" must get an (LC)= Labor cert?
Correct.
> for him...are not L1As exempt from LC?
First of all, my apology. I had indeed overlooked that point.
That said, it's not quite as simple as this. L-1As aren't automatically
exempt from the LC. Rather, *most* L-1As already meet the criteria for an
EB-1 without LC requirement.
That's both good and bad for you. If it truly was tied to the L-1A, company
B would definitely not be able to bypass the LC (because you never worked
abroad for B, you would not be eligible for an L-1A, only for an H-1B).
In the end, you will need to ask an attorney whether or not an LC is
required in your particular situation.
> 2. But am I right In telling him that with an 140/485 pending he qualifies
> for an EAD and so can work at Company "B" Part-time
Correct.
> And that he is unable to work there without the EAD
Probably also correct. Unless he manages to get an H-1B, which is unlikely,
plus it would prevent him from working for company A without an EAD unless
A also gets him an H-1B. OK, I admit that this is a complicated sentence.
You may need to read it twice before it makes sense ;-)
By the way, if he uses his EAD to work for B, he also needs to use his EAD
to work for A, since his L-1A ceases the day he starts the second job.
> even if it is the same role he performs for
> the Company "A" Although in a part-time capacity.
Correct. What matters is the specific job, not just the job duties but also
employer and location need to match.
> 3. Am I right in thinking that he must work for Company "A" for at least 6
> Months after he gets his approval?
No. At least six months after he files his I-485.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Sep 27th 2005, 6:52 pm
#5
Guest
Posts: n/a
Re: L1A-EAD-LPR? Help!!!!
Kevin Keane (see Web site for email) wrote:
> -----BEGIN PGP SIGNED MESSAGE-----
> Hash: SHA1
>
> THE GOOSE wrote:
>
>
>>Hi Sorry just a couple of follow up questions.
>>1. So Just to get this right....... Company "B" Can apply for the I140/485
>>at anytime without any relationship.
>
>
> Correct.
>
>
>>But Company "B" must get an (LC)= Labor cert?
>
>
> Correct.
>
>
>>for him...are not L1As exempt from LC?
>
>
> First of all, my apology. I had indeed overlooked that point.
>
> That said, it's not quite as simple as this. L-1As aren't automatically
> exempt from the LC. Rather, *most* L-1As already meet the criteria for an
> EB-1 without LC requirement.
That's both good and bad for you. If it truly was tied to the L-1A,
company
> B would definitely not be able to bypass the LC (because you never worked
> abroad for B, you would not be eligible for an L-1A, only for an H-1B).
>
> In the end, you will need to ask an attorney whether or not an LC is
> required in your particular situation.
To clarify: if there is an intracompany relationship between employer
and alien that would qualify for an L-1A that is not a "new office"
L-1A, then the alien qualifies for EB-1 intracompany transferee
treatment, which makes alien exempt from labor cert requirement. But
both the L-1A and the EB-1 require a qualifying relationship between the
employer and the company abroad from which the employee was transferred.
So if Company B does not have a qualifying relationship with the
company abroad from which the alien was transferred to Company A, then
neither L-1A nor EB-1 intracompany transferee status will be available
based on employment with Company B.
--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.
================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
> -----BEGIN PGP SIGNED MESSAGE-----
> Hash: SHA1
>
> THE GOOSE wrote:
>
>
>>Hi Sorry just a couple of follow up questions.
>>1. So Just to get this right....... Company "B" Can apply for the I140/485
>>at anytime without any relationship.
>
>
> Correct.
>
>
>>But Company "B" must get an (LC)= Labor cert?
>
>
> Correct.
>
>
>>for him...are not L1As exempt from LC?
>
>
> First of all, my apology. I had indeed overlooked that point.
>
> That said, it's not quite as simple as this. L-1As aren't automatically
> exempt from the LC. Rather, *most* L-1As already meet the criteria for an
> EB-1 without LC requirement.
That's both good and bad for you. If it truly was tied to the L-1A,
company
> B would definitely not be able to bypass the LC (because you never worked
> abroad for B, you would not be eligible for an L-1A, only for an H-1B).
>
> In the end, you will need to ask an attorney whether or not an LC is
> required in your particular situation.
To clarify: if there is an intracompany relationship between employer
and alien that would qualify for an L-1A that is not a "new office"
L-1A, then the alien qualifies for EB-1 intracompany transferee
treatment, which makes alien exempt from labor cert requirement. But
both the L-1A and the EB-1 require a qualifying relationship between the
employer and the company abroad from which the employee was transferred.
So if Company B does not have a qualifying relationship with the
company abroad from which the alien was transferred to Company A, then
neither L-1A nor EB-1 intracompany transferee status will be available
based on employment with Company B.
--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.
================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
