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

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Filed: K-3 Visa Country: India
Timeline

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,

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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.

2005/07/10 I-129F filed for Pras

2005/11/07 I-129F approved, forwarded to NVC--to Chennai Consulate 2005/11/14

2005/12/02 Packet-3 received from Chennai

2005/12/21 Visa Interview Date

2006/04/04 Pras' entry into US at DTW

2006/04/15 Church Wedding at Novi (Detroit suburb), MI

2006/05/01 AOS Packet (I-485/I-131/I-765) filed at Chicago

2006/08/23 AP and EAD approved. Two down, 1.5 to go

2006/10/13 Pras' I-485 interview--APPROVED!

2006/10/27 Pras' conditional GC arrives -- .5 to go (2 yrs to Conditions Removal)

2008/07/21 I-751 (conditions removal) filed

2008/08/22 I-751 biometrics completed

2009/06/18 I-751 approved

2009/07/03 10-year GC received; last 0.5 done!

2009/07/23 Pras files N-400

2009/11/16 My 46TH birthday, Pras N-400 approved

2010/03/18 Pras' swear-in

---------------------------------------------------------------------

As long as the LORD's beside me, I don't care if this road ever ends.

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Filed: K-3 Visa Country: India
Timeline

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.

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Filed: K-3 Visa Country: India
Timeline

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.

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Filed: Lift. Cond. (apr) Country: China
Timeline

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.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Filed: K-3 Visa Country: India
Timeline

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.

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Filed: K-3 Visa Country: India
Timeline

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.

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