laurenanyc

Hello All,

I hope you are all well. I’m hoping (fingers crossed) to move to the US in September on a L1A visa. I have my interview in a couple of weeks at the US embassy and would like any feedback from those that have recently undertaken this process. I understand that I need to bring certain documentation - but is there anything else I need to think about? Perhaps I’m overthinking everything?

Lastly, if successful I have asked my company to start the application process for the GC as soon as I get there. Does anyone have an idea of timeline from the initial application to GC?

much appreciated!

christmasoompa

That will depend on the category you're applying under, if you can give that info then hopefully those that have applied under it recently can give you an idea.

Depending on the category, it may be possible for your company to start the process before you move as well, so it would be underway before September.

laurenanyc

Thanks for your response - looks like a EB1C category application for the GC.

LT1

Couple of Qs

1) Is it a Blanket L1A?
2) Have you been to the US before on ESTA/VWP?

If you answer 1) no, 2 yes, then you should be eligible for an L1A interview waiver?

laurenanyc

Hello, the answer to both questions is yes.

LT1

👍 That'd be why you need the interview then! Good luck!

S Folinsky

In 40 years of practice of immigration law I learned to dislike the question. A perfectly reasonable question, but any answer I gave would end up being wrong. Very early in my career I had occasion to file two identical applications at the same place same time. One took 21 days, the other nine months. Go figure.

Saw this article today.

laurenanyc

Thanks for the responses. Visa interview is next week and I think I’m in a good place. My new worry is the stability of my role…there are whispers about headcount etc and given my move I’m sensitive to this. It has been agreed that I can apply for a GC as soon as I land in the US next month my next question is what is the best course of action in applying for a GC with time being at the forefront of my mind? If I’m made redundant on L1A I need to come back to London. Do you file the 1-140 and 1-485 at the same time given time delays? Or so I ask the company to file 1-140 first? The immigrations lawyers have suggested the latter but reading through this subject matter on this forum it seems to be taking well over a year. The second and last question is at what stage during the GC application am I legally allowed to stay in touch with the US. Worst case scenario I’m made redundant in the middle of the GC process…sorry for the wordy questions and thanks in advance for your responses!

karenkaren1

When we went thru same process (L1 and L2 to EB1C adjustment of status), we were advised that as soon as we had a receipt notice for I-485 then in addition to existing L status, we would also have permission to work and live in the USA pending a decision (advance parole and work permits tho needed for travel). it was relatively quick process however we did not file I-140 and I-485 concurrently (for various personal reasons) . filing concurrently may be quicker for you.

laurenanyc

Thanks for your response!! Could you indicate the overall time to get to GC and how recently this was? Is it difficult to get the travel permit during this application time?

karenkaren1

filed i-140 Dec '20 and was approved nov '21 then I-485 filed the following month. weirdly me and my kids just got our EAD and travel permits aug 1st (last week) and on the same day notified that I-485 approved. my husband (primary L1 holder) had notification also same day re his travel permit case closed as benefit was recieved by other means.

LT1

The key thing to note in this example, is if the OP was made redundant, their L status would automatically void. Thus they would have no current status to be in the US. If the I-485 had already been filed, then they would be covered to stay in US. HOWEVER, they then could NOT work legally until the work permit arrives, as they have no underlying work visa (as L is void), and just a 485 receipt is NOT enough to work.

So key message, is get the 485/131/765/693 etc filed as soon as possible once in the US on L1, and ensure you have enough funds to cover rent and living expenses should you be made redundant. You’d need to support yourself (without any employment income) between redundancy and work permit arriving.

tht

I came over 10 years ago on an L1a, then my employer filed for an I140 for EB1c and then latter the I-485 and forms for the EAD/AP.

I think the process you are talking about if you loose your job is AC21. While there are now a handful of other posting on here who came via an L1a/b and EB GC’s many posters came as family based immigration.

But searching on AC21 there are some threads on here: L1A->EB1C. 140 approved. 765,131,485 pending. Made redundant. What to do?

I think what happens if your in process for a GC when terminated depends on how long you have been in the US and if your current employers pulls the I140.

The other resource I used when I was moving as it seems to have much more specific information was trackitt, you might want to research some of the threads like these:

https://www.trackitt.com/usa-discuss...page/last_page

laurenanyc

Thanks so much! This response hits the bullseye in terms of what I needed to know. I deal in the worst case scenarios so I just needed to know what definitely needs to be filed first to allow me to stay in the US. My firm has agreed to start the GC process when l land in the US, (all going well in getting the L-1a) Fragomen doesn’t believe it makes sense to file all concurrently. Given they speak with the HR team (who are supportive) I’m careful about pushing it but I do want to file concurrently for speed, noting the disadvantages in this strategy.

tht

Remember the law firm is engaged by and paid for by the employer… so the advise and strategy they give is going to be what’s best for the employer… an employee on a visa is dependent on that employer… one with a green card in hand can work for anyone…