capin

Hi all,

I moved from Ireland to North Carolina 2 months ago and so far I absolutely love it. I'm working as a systems engineer on an L1B for one of the biggest technology companies in the world.

I know that it is early, early days but can someone please explain what my long term options are for staying in the USA? I've read a lot about L1B->L1A, about H1B and green cards but I just need a bit of advice. Is there any process that I need to be kicking off now as I know that immigration stuff can take years?

Thanks,

Capin

fozzyb

You need to start persuading your employer to apply for a green card for you (most likely an EB-2). The whole process typically takes about a year, but can be very variable.

Try to be as persuasive as you can - as most employers will try to drag it out as long as they can, as once you have the green card you are free to change employers, but while you are on the L1 you are stuck with that employer.

Try to get something in writing from your employer. In my case everything was just verbal, then there was a bit of a management re-org, and the new director of engineering decided that there wasn't a strong enough business case for keeping me in the US, and decided to cancel my assignment. If I had got something written into my employment contract it probably wouldn't have been enforceable, but would have made it a lot harder for him.

md95065

Basically you need to start talking to your employer about getting them to sponsor you for a green card and / or looking around for someone who is a U.S. citizen who might want to marry you.

SanDiegogirl

You could start the ball rolling by approaching your employer and discussing them sponsoring you for a Green card. Did you mention this to them prior to your moving over?

Yes the process takes quite a while, and since you have only been in the US for two months your company may not wish to start the process just yet.

capin

Thanks for the advice guys.

My role over here is a permanent role.

My L1B runs for maybe another 3 years and then I think it can be extended for another 2 years. My plan is to wait until I have been here for a year and then hit my bosses up for a GC.

Over 18 years, I worked my way up from a print room operator to a senior systems engineer but I don't have a degree, Is that going to cause me issues?

SanDiegogirl

The lack of a degree did not bother your current employer because of your long history with them presumably (18 years).

However for future employers, then yes, that could be an issue. the US is degree paranoid - it seems to be the first thing they look at for any worthwhile job these days.

You might want to start looking at on line degree courses or those visa a community college.

capin

I've been working for my current employer for 3 years, before that I worked mainly for financial institutions in the UK. My current employer seems to be happy with me, I guess they wouldn't have invested all the time and money in moving me to the states if the were not.

I have 3 As at UK A level but didn't really fancy the University thing. Will I need to gain a degree to qualify for the GC?

Thanks,

Pulaski

Not on an L-1 visa, it isn't!
That's not a bad plan. A three-year L-1 can be extended twice, each time for two years. As per SDG, above, you would be very well advised into looking at routes to a degree as you will likely have very few options or opportunities should you want or need to move to another employer. A likely first step would be contacting your local community college to work out what "foundation courses" you will need. I think you should be able to get some credit for your A level studies, and maybe even some of your GCSEs.

fozzyb

It shouldn't be a major problem. May mean you have to apply for EB3 rather than EB2, which in practice probably takes 6 months or so longer.

Bigger danger is how likely is it that you will hit problems in the PERM (basically the employer has to advertise the job in suitable ways, then prove that none of the applicants are suitably qualified to do the job. Depending on how specific your experience is that may or may not be a problem).

Fred16

The lack degree will cause you an issue
I am in same position, no degree
Was in US under L1b,H1b, L2 status for 7.5 years, had to leave USA for a year, got selected in this years H1b lottery and returned in October

The lack of degree has meant my labor cert - has been under review for about 1,050 days
Nothing can proceed with Green Card until it is certified or worse Denied
I suspect you will also be 3rd category for employment visa
We have also sent in a request to see where it is up to, been told these requests for information can take up to 6 months

kodokan

Isn't that just for the L1-A? Unless it's changed recently... when we came over on our Ls, it was 3-2-2 years renewal for an L1-A, giving a max of 7 years, but only 3-2 for the L1-B, for a max of 5 years.

Pulaski

I thought they were the same, but I think you are right and I was mistaken.

kodokan

Although based on what Fred above is reporting, even if it was 7 years, it would still be tight for the OP to get the paperwork through.

Capin, sounds like you should talk to your employer sooner rather than later. When hubby got his green card, his employer put in place a lock-in that if he left before two years, he had to repay the visa processing costs. That might be an angle you could explore to overcome any objections based on nagging worries you'd leave after all that expense and hassle.

tht

Sounds like you need to see if your role could evolve to point where you could be moved from a L1b to an L1a, the pathway to a GC from that visa is much quicker and does not include labor cert from my experience of going through it.

But that would all hinge on you either managing people or an essential function.

capin

Thanks to everyone for the advice.

When we were filling out the forms for the L1B, We had to show that my skills could not be sourced in the USA but I guess that a labor cert is a deeper version of this?

Kodokan, Yep, My employer has me in a lock in for 2 years on the L1B. If I leave, I will have to repay the immigration and moving costs which I am sure will run into 10s of thousands of dollars. I'm not too bothered as 2 years is like the blink of an eye to me. I am sure that if GC sponsorship comes around then there will be a similar arrangement.

I think my employer originally wanted to bring me over on a permanent basis but I think the no degree thing was a bit of a hurdle if not a blocker. I think they opted for the L1 with a view to converting at a later date. I think I'll wait until I get to the six month point over here and then have a sit down with my big boss.