Possible return to USA.. Visa questions
#1
Forum Regular
Thread Starter
Joined: Jan 2008
Posts: 58
Possible return to USA.. Visa questions
Hi all,
Brief history... We came to the USA in 2007, my husband had a L1B visa and me and my son were on L2 I believe.. we spent 3 years there than we had to option to extend for 2 years or move out of the country for 1 year before we can return, The attorney the company hired said it wasn't possible to get green cards in that period..
Any way
We are now at the end of our one year out of the country and my husbands company is asking for us to return..
I presume it will be under the same Visa as last time.. My questions are.
Is it possible to apply for Green cards on these Visa's.
If so at what point on our return can they apply for Green cards
and what is the waiting period for approval on average.
I loved our time in the USA, however a little concerned returning if we can only stay for 3 - 5 years as my oldest son is now 7 years old and needs to be settled with schools.
Thank you
Brief history... We came to the USA in 2007, my husband had a L1B visa and me and my son were on L2 I believe.. we spent 3 years there than we had to option to extend for 2 years or move out of the country for 1 year before we can return, The attorney the company hired said it wasn't possible to get green cards in that period..
Any way
We are now at the end of our one year out of the country and my husbands company is asking for us to return..
I presume it will be under the same Visa as last time.. My questions are.
Is it possible to apply for Green cards on these Visa's.
If so at what point on our return can they apply for Green cards
and what is the waiting period for approval on average.
I loved our time in the USA, however a little concerned returning if we can only stay for 3 - 5 years as my oldest son is now 7 years old and needs to be settled with schools.
Thank you
#2
Re: Possible return to USA.. Visa questions
Very good questions. However, the answer to these questions can be quite fact specific.
#3
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Possible return to USA.. Visa questions
The L-1 sponsor must start the process on your behalf. You can't start the process on your own.
They can start the process the day you arrive in the US. This would have been true 3 years ago also! As for how long it takes... well, the sooner they start the better - because it'll likely take years. I suggest that a specific date for starting the process be part of your husband's negotiations with the company. You want it in writing before you move!
Ian
If so at what point on our return can they apply for Green cards and what is the waiting period for approval on average.
Ian
#4
Forum Regular
Thread Starter
Joined: Jan 2008
Posts: 58
Re: Possible return to USA.. Visa questions
Thank you for the replies..
My husband is meeting with management next week to draft a proposal so at least we can try to get some assurances this time. just wanted to check that it was possible to apply straight away.. so it doesn't seem were asking the impossible.
Thanks again
My husband is meeting with management next week to draft a proposal so at least we can try to get some assurances this time. just wanted to check that it was possible to apply straight away.. so it doesn't seem were asking the impossible.
Thanks again
#5
Re: Possible return to USA.. Visa questions
Normally the time it takes to get approval for a green card after application is primarily based on whether the visa is a L1A or L1B and/or his EB classification.
#6
Re: Possible return to USA.. Visa questions
Probably want to get in touch with your own lawyer, to go over your options so that you understand them properly because it sounded like you received bad advice before hand.
#7
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Possible return to USA.. Visa questions
Bob's advice is golden!
Ian
Last edited by ian-mstm; Dec 12th 2011 at 12:27 am.