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deus360

L: Intracompany Transferee visa : how to get PR card after that

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Filed: Timeline

I have a friend and he has been offer a position in NY through his company. He has asked me for help sense I live in the U.S. but I don't know much about this. Just FYI, He works for stander charter, I think it's a bank. His company has offer him a position in the US for 3 years. I think he will be using a L: Intracompany Transferee visa to work here. He is interested in knowing how to get a permanent resident card and then the citizenship after he arrives here. What path should he take to achieve this goal? Thanks for the help

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Filed: Citizen (apr) Country: Poland
Timeline

There isn't one that he can use in any way. His (or different one) would have to petition him for employment based green card, alternatively he can marry US citizen. Bottom line - there isn't anything that L-1 gives him in this case, other than his employer already considers him somewhat valuable.

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Impossible to get a PR on an L1 visa, it is intended for work ONLY for that specific company, can't even change the job without leaving the U.S. BUT while on L1 he COULD find another job that is willing to do his H1B, then he can apply for a Green Card as the H1B visa is a dual intent visa (unlike L1).

Edited by ufo86

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Filed: Citizen (apr) Country: Poland
Timeline

Impossible to get a PR on an L1 visa, it is intended for work ONLY for that specific company, can't even change the job without leaving the U.S. BUT while on L1 he COULD find another job that is willing to do his H1B, then he can apply for a Green Card as the H1B visa is a dual intent visa (unlike L1).

Complete nonsense. First L-1 is dual intent. Go read about it. Second - there is no difference from (un)ability to get GC on either one - neither L-1 nor H-1B (which single employer only) gives any possibility to "apply" for a green card. On both, you have to be either petitioned by employer or spouse (or do NIW) or win DV. If none of these happen, after L-1/H-1B expires, holder is supposed to go home.

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L visas are "dual intent", so they have a path to permanent residency (although it might take a long time - years, and it's not like an automatic thing - it has to be petitioned for still). Google about for "L visa to green card" and find advice such as: http://www.hooyou.com/L-visa/togreencard.html

Edited by lost_at_sea

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

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30th May 2017 - Interview (approved)
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Impossible to get a PR on an L1 visa

I think this is misleading. One can be in the USA on an L visa and eventually end up a PR through the appropriate petition process.

Edited by lost_at_sea

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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Complete nonsense. First L-1 is dual intent. Go read about it. Second - there is no difference from (un)ability to get GC on either one - neither L-1 nor H-1B (which single employer only) gives any possibility to "apply" for a green card. On both, you have to be either petitioned by employer or spouse (or do NIW) or win DV. If none of these happen, after L-1/H-1B expires, holder is supposed to go home.

I stand corrected. L-1 is a dual intent visa as well, I was thinking of something else.

Read here for L1 to Green Card (or send it to your friend) - http://www.***removed***/l1-visa/l1-visa-based-greencard.html

EDIT: seems my link is getting "removed", I'm new to this site, its http://tinyurl.com/lfmmjj4

Edited by ufo86

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Filed: Citizen (apr) Country: Poland
Timeline

L visas are "dual intent", so they have a path to permanent residency (although it might take a long time - years, and it's not like an automatic thing - it has to be petitioned for still). Google about for "L visa to green card" and find advice such as: http://www.hooyou.com/L-visa/togreencard.html

Point is - this path really isn't a path. Same way somebody on L-1 is petitioned for EB based GC can be done for a person completely outside US - absolutely no difference. Only advantage is employer may be more willing to do it, obviously knowing the person somewhat well.

Some people have misperception that work visas give some direct advantage in obtaining green card or allow to "apply" for one (something in the line of - I'll spend x years on work visa and then can apply for GC" - which is not true at all.

Only really difference is waived requirement for labor cert for one of the L-1As.

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Filed: Timeline

Thanks for the info but I was under the impression people could get a sort of a path to citizenship from this. Some time ego a friend ask a lawyer and this friend told me people had to work like 5 years in the same company to qualify for this path, but that often the employer didn't renew the contract towards the end. as they knew the employee would simply leave the company and they would not gain anything from that. just FYI, I know I could be remembering incorrectly, as this was told a long time ego to me, so please feel free to correct me about this. Also do you guys think that the executive action just enacted by Obama could help with this.

Thanks for all the replies

Edited by deus360

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Filed: Citizen (apr) Country: Poland
Timeline

Thanks for the info but I was under the impression people could get a sort of a path to citizenship from this. Some time ego a friend ask a lawyer and this friend told me people had to work like 5 years in the same company to qualify for this path, but that often the employer didn't renew the contract towards the end. as they knew the employee would simply leave the company and they would not gain anything from that. just FYI, I know I could be remembering incorrectly, as this was told a long time ego to me, so please feel free to correct me about this.

It is incorrect (came on L-1B so sort of know what I talking about). Length of stay on any non-immigrant visa gives no immigration benefit to anybody. When L-1B or H-1B ends (regardless of how long its holder was in US), only thing left to do is either to change status to something else (non-immigrant visa or GC but when petition by employer or spouse) or go home.

Obama's executive order has absolutely nothing to do with this. It only affects people that are here illegally and meets certain conditions, it also doesn't really give them either path to GC or citizenship. Just some kind of legal status for 3 years.

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Filed: Citizen (pnd) Country: India
Timeline

1st hand experience:

  • I arrived in NY, USA in 2006 on a L1-B visa(intracompany transfer).
  • In 2008, my company decided to file for my PR. The company lawyers decided to change my L1-"B" category to L1-"A" in order to file under EB-2 category.
  • The PR was filed in sometime early 2008 and I got the PR in Oct 2008
  • Come August 2013, I applied for Citizenship based on 5 year rule and now I am a US citizen since Dec 2013.

So I guess, it depends on the company if and when they agree to file for PR. Just to clarify, L1-"A" category applies to people in managerial positions. So "B" to "A" is not a default option.

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Filed: Timeline

1st hand experience:

  • I arrived in NY, USA in 2006 on a L1-B visa(intracompany transfer).
  • In 2008, my company decided to file for my PR. The company lawyers decided to change my L1-"B" category to L1-"A" in order to file under EB-2 category.
  • The PR was filed in sometime early 2008 and I got the PR in Oct 2008
  • Come August 2013, I applied for Citizenship based on 5 year rule and now I am a US citizen since Dec 2013.

So I guess, it depends on the company if and when they agree to file for PR. Just to clarify, L1-"A" category applies to people in managerial positions. So "B" to "A" is not a default option.

Thanks for the info

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