# Work visa while Green Card is processing



## Whitby (Jun 20, 2011)

Hi all. My personal journey to emigrating has had an additional twist and I am, once again , slightly stuck for an answer and was hoping someone might be able to help out.

*Situation*

My wife (USC) has filed the I-130 with the US Embassy here in London. It is a few weeks from being processed (we've been waiting 2/3 months and our date is slowly creeping nearer, as per the embassy website).

The plan was always to continue with the process as usual (i.e. have the I-130 petition approved, then my do my bit, get my GC and emigrate). However, in the interim, my current employers have offered me the chance to transfer to our Washington D.C. branch. Obviously, this would be on the basis of the usual work visa.

*Question *

What do I do in terms of my ongoing Green Card procedure with the US Embassy here in London? Presumably they will be aware, while processing my work visa, that I am applyig for a Green Card. Do I need to tell anyone? Can I 'transfer' my Green Card application to the NVS instead of doing it through USCIS in London or do I have to withdraw my application and start it all over again when I get to the US?

I'm at a bit of a loss... my employer's immigration contractor isn't too interested (presumably as their retainer is to get me a work visa and nothing further).

As ever, any ideas would be very gratefully received. This is turning into a fairly complex procedure - as if it weren't anyway.

Many thanks,

Whitby


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## twostep (Apr 3, 2008)

I would not even dare to guess. Let me put your question to someone who knows about issues such as this.
Do you plan to keep working for the same company once your GC is approved?


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## Whitby (Jun 20, 2011)

Yes, most likely. 

Without the work visa complication our rough timeline was to have the whole GC process finalised by around July. I would be going over in March on a work visa, so around the time I'd be submitting the second part of the GC application docs (i.e. after the I-130 had been approved and so on).

Many thanks for any help!


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## twostep (Apr 3, 2008)

Whitby said:


> Yes, most likely.
> 
> Without the work visa complication our rough timeline was to have the whole GC process finalised by around July. I would be going over in March on a work visa, so around the time I'd be submitting the second part of the GC application docs (i.e. after the I-130 had been approved and so on).
> 
> Many thanks for any help!


I was told that you would have to pull your I-130 by an immigration attorney. Back to my questions - do you plan to work for this employer after you have your GC?


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## Crawford (Jan 23, 2011)

Whitby said:


> Hi all. My personal journey to emigrating has had an additional twist and I am, once again , slightly stuck for an answer and was hoping someone might be able to help out.
> 
> *Situation*
> 
> ...


Do you want to go over on the work visa rather than via the spouse visa route?

With you already in the process of obtaining your immigration visa to the US with your US wife, I wonder why your company has now offered to transfer you over on a work visa. ( I can think of one reason and that is to hold on to you. Once you have the Green card you can work for anyone - under a work visa you can't)

I presume your company is applying for the L1 work visa (for transfer of staff). You will be eligible to apply for a Green Card while on the L1 once in the States, but it will take approx 6 to 8 months after application based on the State where you reside and how good your company lawyers are.

Whereas with the spouse visa you will have Green card status once your visa application is approved and you arrive in the States.

Why can't you just continue with the spouse visa and continue working for your company in the UK and then continue working for them once in the States? At this stage there is not much difference in timescale I don't think, and they won't have to go to the trouble and expense of getting you a work visa

I suppose there is one drawback to you going down the spouse route and that is you have to pay all filing fees and expenses whereas if you go over on a work visa the company does it for you - and *presume* they would also pay for the filing for the Green card.

Were you intending to go to Washington D.C on the spouse visa anyway?


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## Whitby (Jun 20, 2011)

Thanks Crawford. I figure the spouse visa will be done and dusted by around July, whereas I think, with premium processing, I could be in the States on my work visa by the beginning of March. As I won't have seen my wife for two months, I'd prefer the March option.

As the spouse visa process takes around 8-10 months, I started this before asking my employer whether I could transfer. The thought process being that, if they said no, I could serve my notice and the time between leaving the firm and receiving the spouse visa would be minimal. In the event, they've said yes, meaning I have these two options currently available (though the work visa has not been applied for yet - only the spouse Green card route is currently being processed).

I was certainly intending to go to DC with my spouse visa (it's where my spouse is/will be!). I realise I can apply for a Green Card from within the States - my question is what I need to do with regards my application which is currently being processed? 

My instinct is that, once the I-130 is approved (fingers crossed) then that is, in effect, my wife's petition having been approved. I should then really be able to do my bits from the US (i.e. just use the lock-box facility for my forms, affadavit fo support, interview etc. and not have to restart the whole I-130 process again). However, I have no faith that this instinctive response matches any of the regs followed by USCIS and, if there's one thing I don't want to mess up, it's my Green Card app.


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## Whitby (Jun 20, 2011)

twostep said:


> I was told that you would have to pull your I-130 by an immigration attorney. Back to my questions - do you plan to work for this employer after you have your GC?


Hmmm, that's disappointing - on what basis did the attorney conclude that was the case, just out of interest?. It has to be 'pulled' even if my move occurs after the I-130 has been approved? 

Yes, I would be working for the same company after I received my GC, though I appreciate that I have the option to quit etc.


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## twostep (Apr 3, 2008)

Whitby said:


> Hmmm, that's disappointing - on what basis did the attorney conclude that was the case, just out of interest?. It has to be 'pulled' even if my move occurs after the I-130 has been approved?
> 
> Yes, I would be working for the same company after I received my GC, though I appreciate that I have the option to quit etc.


I cannot reach her the next couple of days. L1 is non-immigration intent I-130 is. Personally I would have a conversation with the manager who wants to bring you over. Put your cards on the table and have him either pay for an immigration attorney's official input or build a fire under the in-house legal department.


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## Whitby (Jun 20, 2011)

For those who might find themselves in a similar situation, an update:

I managed to speak to an immigration person (not a lawyer, at least, not a lawyer who deals with US immigration) and the upshot appears to be along the lines of what Twostep said. In essence, I can choose to go to the US either on my immediate-relative CR-1 visa, or on the L-1 visa from my firm. If I chose the L-1 route then, as it is a non-immigrant visa, I need to be able to show I have no intent to move to the US permanently. 

Having my CR-1 application processing while applying for an L-1 would be a red flag to USCIS and potentially/almost certainly fatal to my chances of getting an L-1 visa. It is not enough, therefore, simply to stop bothering with my CR-1 application (i.e. not submitting the DCS forms or scheduling the medical etc.). It must be *expressly* withdrawn. That I applied for a CR-1 will remain on USCIS' records (which may cause a problem when applying for the L-1 anyway and, I imagine, every single time I visit the US from now until forever) but hopefully it will be explicable and a barrier that can be overcome.

If I enter the US on my L-1 from my company, there is no mechanism by which to adjust status to a permanent resident as the L-1 is a non-immigrant visa (though if I have this wrong *I would love to hear about it*). In order to become a permanent resident I would have to exit the US and restart the ENTIRE Green Card process again from the UK. This of course means I would be in the US at the sufferance of my employer and liable to be visa-less if/when I leave the firm (I imagine this is the basis behind Twostep’s questioning above).

Not ideal really, but two options are better than no options I suppose. I just wish the two weren’t so mutually exclusive.

I hope this helps someone avoid the kind of mess I seem to have got myself into. Looks like I will have to ask my employer to wait for my CR-1 to come through and hope it doesn't take too long!


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## twostep (Apr 3, 2008)

Unfortunately you are not the only one in a similar pickle. LDRs are absolutely no fun. Been there:>( All I can do is wish you good luck! DC is a great place, please have a Native at Union Street Public House for me. Drooooool. An keep us posted.


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## Davis1 (Feb 20, 2009)

An individual in L-1 visa status can have both nonimmigrant and immigrant intent. This allows an L-1 visa holder to lawfully pursue U.S. Permanent Residence while in the United States.


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## Crawford (Jan 23, 2011)

Whitby said:


> For those who might find themselves in a similar situation, an update:
> 
> I managed to speak to an immigration person (not a lawyer, at least, not a lawyer who deals with US immigration) and the upshot appears to be along the lines of what Twostep said. In essence, I can choose to go to the US either on my immediate-relative CR-1 visa, or on the L-1 visa from my firm. If I chose the L-1 route then, as it is a non-immigrant visa, I need to be able to show I have no intent to move to the US permanently.
> 
> ...


*Whoever you spoke to has got it completely wrong about the L-1 visa*. It most certainly is a route to the Green card because I, myself, came to the US under an L-1 visa via a transfer with my company,

I came on the understanding that it was not just a temporary transfer but a permanent one and the company agreed to support me in my Green card application. I received my Green card 15 months after arriving in the States.

Lots of people transfer over on the L-1 and obtain their Green cards.


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## Crawford (Jan 23, 2011)

Do you know which L-1 visa your company is contemplating applying for? 

L-1A Management and Executive

or

L-1B Specialised knowledge staff

Now, I'm not absolutely sure about this but I understand that the L-1A visa is usually a quicker route to the Green Card. Maybe someone else can confirm whether L-1B's need to go through Labour Authorisation which tends to extend the visa application time.

In either case, if you progress with the company transfer route, you need to get a committment from them that they will apply for the Green Card for you as soon as possible once you are in the States. 

In the case of several people I know the company would not apply and/or had a policy whereby they would not apply for say, one year, after the person had transferred. 

You would not want to get into this situation if you are thinking of, maybe, moving jobs.


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## twostep (Apr 3, 2008)

Folks - he does not need an employer to sponsor the GC and jump through hoops for documentation not to mention expenses and waiting periods. The question was - does his I-130 which has been started in the UK and is past halftime need to be cancelled and a new one filed in the US? Can he have L1 plus I-130 in process at the same time?


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