Newbie1001

I'm in the US on a L1A visa, but work in a field of constant change, it's unsettling so looking to firm things up with a greencard. By unsettling I mean there are always companies being bought and sold, my role is quite vulnerable but I have a great reputation so it's quite easy to move to other companies within my parent companies group.

My questions
- How long typically are applications to move from L1A status to receiving a green card at the moment?
- At what point in this process do I become "safe" , by this I mean if my company is sold , or if it collapses, or if I get an amazing offer from another employer - can I move? I was once told you can't move for 6 months AFTER receiving a green-card?
- If I move from one wholly owned entity, to another wholly owned entity ( of the same US based parent company) to do the same role, and nothing else changes before I apply , does this have any meaningful consequences with regard to getting a greencard ? What happens if I make this move AFTER I've applied?



Background in case handy.

My L1A is from a Blanket petition from a huge American company.
Been in the USA for 2 years.

Thanks

ian-mstm

Can't help with your other questions, but this one is a myth that refuses to die. You can leave your L-1A sponsor the day you get your GC... unless you have some employment clause in your contract that says otherwise.

Ian

goldenstate31

Although, some cases could be considered as fraudulent if you were to leave your employer before this. BUT as Ian says there is no hard and fast rule, once your i-140 is approved you can change employers that includes changing the State in which you work in.
google i-140 180 day portability rule

p.s you can look at the current i-140 processing times on https://egov.uscis.gov/cris/processTimesDisplayInit.do
Nebraska is taking only 4 months, whilst Texas is taking a little longer.

SanDiegogirl

Mine took 12 months some 10 years ago, but I have heard from recent colleagues that they arenow taking as little as 6 months.

These are only ball park figures however. A lot depends on how good the company lawyers are.

FinnDiego

As a data point my recent I-140 (from L1-A to EB1, "Multinational Manager or Executive") was filed late October and approved early January; a bit less than four months in total. EB1 visa numbers are available, so we're now filing for AoS, EAD, AP and all the other usual acronyms. I guess concurrent filing would have been possible too, but I'm not in a big hurry, and if I were to lose my job I wouldn't be sticking around anyway...

Similar circumstances as the OP: Blanked L1A, large US-based multinational corporation.

AoS timelines are in the order of four months at the moment I think.

Edit: Don't know the answer to the real question though - are you "safe" once the I-140 is approved or do you need to get through Adjustment of Status or at least get you AP and EAD.

ChocolateBabz

Hubby's works lawyers say USCIS website is saying 4 months but in their experience 6 to 9 months is more likely.

goldenstate31

every case is different. At the time I applied for my I-140 USCIS were quoting 5 months on their website. My approval came through in less than 3.

Newbie1001

Just want to say thanks for all your help, to everyone.
If anyone can clarify when I will be "safe", that would be great, and safety being more about knowing if I got fired or made redundant, that I would no longer be forced to leave the US within a week or so, like I would be on my L1A.
Sounds like the latest it would be, would be once I have greencard in hand. When is the earliest?

washsaint

First of all, you need to get your employer to agree to sponsor you for the GC process.

I filed in Oct 2010 (concurrently) and had GCs in hand in July 2011.

My understanding, from the process I went through, is that 'to be safe' you need your I140 approved and I485 in process. In theory, after 6 months (if you are still waiting for approval) you can change jobs to a similar role elsewhere. However, if you get an RFE for your I140 you're likely toasted.

By filing concurrently, it means you are OK to stay whilst your I140/I485 is adjudicated.....as you get an EAD with the I485 application you could, in theory, change employer but very risky.

I was advised to file concurrently as I worked for a small company and if the company/job was at risk this is a good idea as it would allow me to stay whilst the application was adjudicated.

taffie77

Our Green Cards took 12 months, but the 2 parts were filed consequently rather than concurrently. We were also on L1A and L2, and it went through the Nebraska centre. We also had some extra questions to answer that they came back with, and that took a chunk of time.
In terms of leaving your work, we talked to a friend who is an immigration lawyer about this recently. She said that there's nothing to stop moving immediately, but she advises 6 months to avoid any potential red flags if later trying to gain Citizenship.