Orangepants

Hi,

I am 2 months away from (hopefully) getting my L1B.

Once I have my L1B, how soon after can I change status to a L1A? My company policy is we can start the green card process after 6 months following a "satisfactory" on performance review.

In addition, my boyfriend has just renewed his H1B and as you all have said, it is potentially easier to get the GC from an L1A than a H1B so the plan is for us to get married around Christmas and my company (an international bank in trouble!) will pay for the process for both of us. He would transfer over to be a dependant on my L1.

We have been together 8 years but long distanced since 2005 (with me living in the Cayman Islands until a year ago when I moved to UK to fulfil the L1requirements). Do you envisage any issues with the marriage being seen as "not genuine" or is this just assessed if one spouse is a USC?

Thanks for your advice.

Socal Local

I don't know the answer to your marriage question but I am puzzled as to why you would be 'changing status' from an L1-B to an L1-A. If you meet the requirements for an L1-A, why would you not get this visa at the outset?

I did actually transfer from L1-B to L1-A but in my case it was due to lack of knowledge in my employers HR dept when the initial visa petition was submitted so when applying for the renewal of my L1-B I was switched to the correct visa type.

MsElui

and if its an L visa - they dont care about the genuine bit - you either have proof of the marriage (ie wedding cert) or you dont.

Ray

I concur ...
Your either a manager or executive for L-1A

or person with specialized knowledge and skills for L-1B

Orangepants

Yes - I agree too. The bank offered me a position two years ago based on specialised knowledge (offshore hedge funds) which I was very happy to accept - but now with the sub prime crisis and internal reorganisation, that particular position no longer exists and they wish me to takeup another position which has yet to be published which would fall under the L1A category. As they have such stringent HR policy and procedures in place, I have to apply for an interim position and when the new structure comes into effect, which may or may not happen in 6-10 mths, I can move into the new position. Also I have 18 mths experience at an international branch so I like to make this "London time" really provide value for me in a quicker route to GC.

So do I wait to move to L1A to start the GC process or do I start the process after my 6 mth review. With the uncertainty in financial markets at present I cannot guarantee that the new position will even be there! Actually cant even guarantee that that I'll have a job at all!

Or that the bank will survive!!

Thanks,

Trish

Ray

Things went downhill on every line there ...lol

Socal Local

There is no requirement to be an L1-A in order for the employer to apply for the green card under the EB1-C (Multinational executive or manager) category, however because the requirements are so similar, it is usually the case that people are on L1-A and if you were L1-B, especially if applying soon after arriving that might raise some questions. Bear in mind also that the role in the UK needs to be managerial/executive in order to qualify for L1-A. On the USCIS web-site it says:

A multinational manager or executive is eligible for priority worker status if he or she has been employed outside the U.S. in the three years preceding the petition for at least one year by a firm or corporation and seeks to enter the U.S to continue service to that firm or organization. The employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.


On another note, with the statements made at the end of your post, have you thought about your other half approaching his empoyer about green card sponsorship as well, so that you have another option if things do go wrong with your employment? Even with the supposedly faster option of EB1C, I have been waiting almost a year so far and have heard nothing as yet.