L visa after I-130 is approved and NVC processing is not yet started

[Hiren 0]

I need some help.

My I-130 got approved and I received NOA-2 on 23 May 2011. I also received letter from NVC a week back to stating "my petition has become eligible for

further processing with NVC". In the letter NCV has asked me send a signed letter registering an agent on behalf of me to whom NVC with communicate (it could be my self or any one, but I would register my wife). My wife has to pay the Affidavit of Support (AOS) processing fees. None of this is done yet as we just got is before few days.

Meanwhile my employer company (I work with HP)is thinking to hire me in US when I come there. However recently do to project needs they are willing to call soon and asked me if I can apply for L (intra-company transferees) visa and then do rest of my processing in US (that means filing of Adjustment of Status once in US). My question is, I am not sure if I can apply for an L visa (which is nonimmigrant visa) after my I-130 is approved and case has reached to NVC, but my further communication/processing with NCV has not yet started. I guess if the processing had started with NVC (i.e the required

fees paid) then it would not have been possible. But what about the in between time. Can I (of course through my company) file for L visa, come to US and then file for Adjustment of Status?

Any help, suggestion or pointer to more information is greatly appreciated.

Thanks,

[Harsh_77 716]

are you applying for IR1?

If you are on IR1, I would say ask your company to hold on for few months and then they can directly hire you as a US employee.

[Saddle Bronc 124]

I need some help.

My I-130 got approved and I received NOA-2 on 23 May 2011. I also received letter from NVC a week back to stating "my petition has become eligible for

further processing with NVC". In the letter NCV has asked me send a signed letter registering an agent on behalf of me to whom NVC with communicate (it could be my self or any one, but I would register my wife). My wife has to pay the Affidavit of Support (AOS) processing fees. None of this is done yet as we just got is before few days.

Meanwhile my employer company (I work with HP)is thinking to hire me in US when I come there. However recently do to project needs they are willing to call soon and asked me if I can apply for L (intra-company transferees) visa and then do rest of my processing in US (that means filing of Adjustment of Status once in US). My question is, I am not sure if I can apply for an L visa (which is nonimmigrant visa) after my I-130 is approved and case has reached to NVC, but my further communication/processing with NCV has not yet started. I guess if the processing had started with NVC (i.e the required

fees paid) then it would not have been possible. But what about the in between time. Can I (of course through my company) file for L visa, come to US and then file for Adjustment of Status?

Any help, suggestion or pointer to more information is greatly appreciated.

Thanks,

Yes, you can take an L-1 even while the (shambolic) K-3 is processing--then marry in US and file for AOS.

[Hiren 0]

are you applying for IR1?

If you are on IR1, I would say ask your company to hold on for few months and then they can directly hire you as a US employee.

I really am not able to understand the difference between IR1 and CR1 but in one of my old posts about some other question, someone indicate that

I am on CR-1 path since I have filed I-130 stand alone.

Can you explain please how does it helps in case of IR1. Also surely the company can wait however due to project needs they are looking for alternatives.

[Hiren 0]

Yes, you can take an L-1 even while the (shambolic) K-3 is processing--then marry in US and file for AOS.

But I am already married to my US wife in India in November 2010, does that mean for AOS i will have to marry again in the US??

Besides I guess(as someone indicated) I am not on K3 path, that means I have filed I-130 standalone.

[Ryan H 3,790]

I really am not able to understand the difference between IR1 and CR1 but in one of my old posts about some other question, someone indicate that

I am on CR-1 path since I have filed I-130 stand alone.

Can you explain please how does it helps in case of IR1. Also surely the company can wait however due to project needs they are looking for alternatives.

CR-1 is when you have been married for less than two years. The green card that is first issued is conditional. Those conditions will have to be lifted 2 years after you go through the POE. You can only file within 90 days of that date. As I have seen others write, put file for lifting of conditions on your to-do list 1 year and 9 months after you enter.

IR-1 is when you have been married for 2 or more years. 10 year valid green card issued at entry.

[Hiren 0]

CR-1 is when you have been married for less than two years. The green card that is first issued is conditional. Those conditions will have to be lifted 2 years after you go through the POE. You can only file within 90 days of that date. As I have seen others write, put file for lifting of conditions on your to-do list 1 year and 9 months after you enter.

IR-1 is when you have been married for 2 or more years. 10 year valid green card issued at entry.

Thanks a lot. Now I am clear with the CR-1 and IR-1. I still wonder about the L-1 visa.

[Hiren 0]

Suppose as suggested I may be able to get an L-1 visa. The question is if my company files an L-1 for me and I decide to come back for interview. On one side my company files an L-1 and on other side my wife pays fees for affidavit of support which will start my immigration visa process. That is on one side my company files an nonimmigrant visa and on other side I apply for an immigrant visa, and wait for one of them to come first. Mostly L-1 will come first (not sure about the exact time though).

I am not sure if it is correct to have tow different category of visa application filed at the same time. Does that mean I have to wait till my L-1 comes through, travel to US and then only pay fees and start my immigrant visa process if I wish to come back to India and take the Interview or I may file an Adjustment of Status while in US as I got married in Nov 2010 so its a CR-1.