emiwar

Dear all, I have a scenario I wish to share with you in the hope you can advise what is and isnt possible.

History:
Here on an L1-A with husband on L2 and 11 month old daughter (US citizen). Current visa expires in May 2013 but could be renewed for a further 2 years.

Would like to apply for Green Cards for my husband and I. Can you help to confirm whether this is at all possible without going through current company.

BTW current company would sponsor GC but want to wait til end of renewal period so another 2 years.

I have asked the company if we can start the process earlier than the renewal and they have stated that it would be too difficult to ensure an accepted green card 'yes' in my current position (I am in a decent level position but with no direct reports, but high enough to have the L1-A status).

Any advise, information etc much appreciated

Noorah101

I don't think so, because the company is the one who must start your green card process. You cannot do it on your own.

Rene

ian-mstm

It is not possible. Your current sponsor must start the process on your behalf. If they are unwilling or unable to do so, that's the end of the road for you. You can't apply on your own.


That is entirely their choice. This is one reason we implore people, when negotiating their contract, to include a specific date that the company will begin the GC process. It's entirely possible that your status in the US will expire before the GC process is complete... and that wouldn't be a good situation to be in.


You aren't required to have direct reports... especially if you're a functional manager. At any rate, whoever you're talking to isn't being entirely truthful... or they don't know any better! The risk to getting the GC is yours, not theirs. They only start the process on your behalf. Their interest in this, of course, is that if you get the GC you can leave their employ... so they want you on the hook as long as possible. Try talking to someone higher up the food chain.

Ian

Ian

kodokan

Hubby's green card application just went in last week; he has a L1-A and is applying under EB1-C, Multinational Manager and Exec (basically the same criteria as the L1-A). He too has no direct reports here, but did have a whole ton back in Europe. The lawyers ('do this all the time' firm for a large multinational) say he has a very strong case, so the direct reports here can't be a showstopper - but I guess we'll find out in 4-6 months...

Assuming you'd apply under the same category, mightn't the clock be ticking? The USCIS website says that 'you must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation'.

Does this 1-year-in-3 rule still apply if you're adjusting status rather than entering for the first time, anyone know? We only turned up less than a year ago anyway, so didn't need to ask about this.

ian-mstm

AFAIK, this only applies when applying for the visa. Once you have the visa, it no longer applies.

Ian

HarryTheSpider

At the end of my first year in my us-based role I had a good performance review. I told my employer that my wife & I liked it here, I liked the job too, and they liked me, so would they sponsor the GC, and do it soon?

AFAIK at the time, renewing the L1 for us involved leaving the country for an unspecified amount of time, so I preferred to get the GC done before my first L1 renewal.

They agreed and I signed a contract that meant if I left within a certain period of time after getting the GC I would repay the fees & costs on a sliding scale over 2 years I think. An eminently sensible & pragmatic approach.

Perhaps you could have a similar conversation with your employer?

Good luck!

DexterBerkeley

I would echo this. The way I see it there are two reasons why they would want to wait:

1. They are worried about jumping ship once you have the GC, a lock in with penalties helps mitigate this.
2. They don't want to pay yet. If this is the case then it can also be overcome. Perhaps a salary or bonus cut instead, or forgoing a pay rise to meet at some point on the costs?

Personally, I have a 2 year lock in with the contract when I came on an L-1A which makes my employer much more comfortable about sponsoring a GC. Although their view is after you have done the 2 years we don't want to to stay just because a visa keeps you here if that's not what you want.

emiwar

Thanks all. I must admit, this has been a strange situation which just sounds more ambiguous on their part than anything else.

During the conversation with HR I even asked about the financial sponsorship and she confirmed that it wasnt an financial issue. In fact there is something on our intranet that talks to an employment lock in for 12 months or repayment required of legal fees for sponsoring a greencard so they have that covered anyway. She just said that they wanted to evaluate again in 5 months! My concern is that in 5 months I have no guarantee that they want to start the process then either...feels a little like carrot and stick.

When I spoke to my direct manager he is also being very vague despite giving me the highest appraisal rating the same meeting! All in all, it sounds more like an issue with them than an issue with the process.

Will see what happens next week as apparantly my boss is having another mtg with HR.

What a real bugger is the fact that I cant do this without them

Have just spent the day in Topanga Canyon and Malibu Beach...dont make me leave here please

rudd

Seems to be a tough time all around. My company refused to apply for a GC for me but are now reconsidering but probably too late. I know a number of other L1-B and L1-A in a a similar boat, one is struggling to get the get their initial renewal completed.

As ian-mstm wrote it is best if you can get the date for the GC application written in to your contract. I made the mistake of not doing that. When my contract was signed the policy was a GC application one year after arrival in the country as long as performance was satisfactory. Three months before I arrived here they changed the policy to no GC application at all. They have now relaxed the policy slightly, but as I said probably too late as I have about 15 months left on my L1-b.

HarryTheSpider

I'm thinking out loud here...

The kinds of jobs that would be eligible for L1 visas are likely to be the kinds of jobs that aren't that easy to fill with satisfactory US citizens AND have some additional value to the employer, else why jump through all the hoops to do the internal transfer...

So if they do have to go to the local market to replace you, there's the costs of not having somebody with your capabilities, PLUS the cost of paying the head hunt fees to replace - typically 30-40% of first year salaries.

These costs are WAY bigger typically than the costs of the GC application, plus with the GC application they can lock you in for 1-2 years, something they could NEVER do with a USC.

So I would suggest your negotiating position is somewhat stronger than you, or they, might otherwise think...

lisa67

Many of the L1's I've met ( I know at least 10 off the top of my head) are brought over by the company when they acquire a new company to sort out the mess they've just bought and it gives them time to find a suitable USC to fit the bill. Then when the dust has settled after the acquisition, because the L1 is on an expat deal (house rental, cars, home flights etc. being paid for) its actually cheaper to send the L1 back to the home business and replace them with a USC.

HarryTheSpider

Not every L1 is on an expat deal. I'm not. I doubt I am the only one!

Flabound oneday

I thought that too Ian, yet my GC RFE (recieved yesterday) has one question specifically querying it . that's despite them acknowledging that I have provided pay slips etc for 3 years.

they also asked me to prove the US subsidiary has been open more than a year -again saying ' you have only provided bank statements from Jan 10 to may 2012 !!!!!!!!!!! er isnt that over 12 months ???

Noorah101

But do bank statements really prove the business has been up and running all that time?

Rene

Flabound oneday

with over $2m going in and out I cant see why not...but trying to look for what they see and want I wonder why you wouldnt think so?

I am thinking CPA statement, a letter from the bank, and copies of contracts over the whole period should do....