L1 visa while in green card process

[robert89 0]

Hello all,

I have a question with regards to the L1 visa while being in the process of the green card application.

Let me explain;

I am from the Netherlands and married to an American woman. In july, last year we started the green card process and we are currently just at the begining where we have to file everything (paperwork, fees, medical etc) to the Department of State.

Now here comes the twist. My employer wants me to start working for the headoffice, located in Seattle, on a short notice. Which means I would have to start the job in March, 2016 and there is no way I would have my green card by then. My employer wants me to start working on a L1 visa (which he will sponsor and provide). But my question is. Can I apply for a L1 visa while being in the process of getting my green card? Or do I have to stop the green card application and wait for my L1 visa?

I know that after I got my L1 visa, I can apply through that for a green card, although preferably I would get my green card as soon as possible.

I have tried to do some research online but I can't really find the answer. Hopefully one of you know a solution to my problem?

Thank you!

Robert

[kiwivisa 8]

Hey Robert,

Theres probably a couple of different approaches -

If you are already in the USA -

The easiest route may be to be sure to apply for your Employment Authorization Document (EAD) at the same time as you file you Green Card through marriage application. Especially if you have your AOS application ready, as its just another form to include in the packet. My recollection is that you apply for that as well as Advance Parole at the same time, so that you can travel and work while the GC through marriage application is working its way through the system.

If you look for the mention of form I-765 in this guide, it may help you.

http://www.visajourney.com/content/i130guide2

I think the EAD takes about 2 months to process, probably depending on which region you go through.

If you are outside the USA -

Then the L1 would be worth looking into. It will need to be done by your employer, not you. Look into the timelines with an expedited processing. The issue I found when I was going through the L1 process 5 years ago, was that it took many weeks for the employer and company lawyer to get together all of the necessary evidence for the application, and then they got hit with an RFE which overrides the expedited processing timeline anyway.

Another thing to think about is that the EAD will give you the freedom to work for anyone, not just your current employer.

[Boiler 43,757]

Why not just ask the Company Immigration Lawyer?

[robert89 0]

@Kiwivisa

Thank you for your reply and the very usefull information. Reading your explanation and the research I did so far the L1 visa seems to be the best route. I am currently outside the US and when I am traveling to the US it is on a ESTA waiver, so the AOS wouldn't be allowed.

Do you know if I can continue my green card application, while my employer is applying for a L1 visa?

@Boiler

The Company Immigration Lawyer is looking into it but it never hurts to do your own research aswell

[Boiler 43,757]

Seems a non issue, L1 is dual intent, says so on the packet.