Frequently Asked Questions - L Visa

Permanent Employment with L-2 Visa with Valid EAD

You do not currently have the visa to work permanently. But, there is NO PROBLEM with you working on a permanent job on temporary basis.

Change of status from L-2 to H-4

H-4 holders can not use the EAD they received while on L-2. If you can, change to H-1.

L-2 visa and EAD processing

You should apply (not the employer) for the EAD ASAP. Processing times are on USCIS web site.

L-2 visa application for spouse

 Tell the truth. I see no reason why you need to worry. An L-2 is permission, not an obligation. She can come and leave as she pleases.

L-2 Visa without EAD
Starting business on L-2 visa

With an EAD, an L-2 can work anywhere including operating their own business and work as many jobs as they like.

Wife work permit

Personally, I prefer the L-2 option for her. She can work AND go to school. More choices.

L2 Visa holder

You need complete credentialing including a license.

L2 Status

Once you have the EAD you can work for anyone in USA, including a company that is not in USA.

L-2 as dependent turning 21

Correct. Once you are 21, you cannot be on L-2 status.

Does H-4 Require a Prior USCIS Approval for Visa Stamping?
Is it legal to work for a foreign based company in the USA?
L-1 Blanket petition

As long as you work full time and on the job described in your L-1B while you are INSIDE USA, it does not matter how long you stay outside USA.

Green card for L1-B or L1-A holders

Smaller companies can have a tough time getting an L-1A.

L1B - resignation in US

What you are asking me has nothing to do with US immigration laws. This is a matter for an employment lawyer in the state where you are working. Under US immigration laws, you can resign in USA any time.

L1B to H1

You will need to apply for an H-1 through the employer you wish to join. You should be able to apply for a change of status as a part of that process.

L1B

The time taken for L-1B holder who applies through PERM is the same as for anyone else from the country you were born in. No special case here, unless yo convert to L-1A and go through EB-1.

L-1B

1. L-1B visas do not permit part time employment.
2. I think 35 hours each week (full time). Part time is not permitted.
3. Part time is not allowed under L-1B.

Changing Status from Tourist or Business Visa (B1 or B2) Within the United States
Rules for Counting 6 Years of H-1B
L-1A to EB-1

Since A and B are not related, H-1B is the only obvious option to join B. B can start your green card even before you join, but it will not be EB1 (international manager/exec.).

L-1A Visa and Green Card Application

You or any company not a part of the L-1A employer cannot apply for green card based upon your international manager/executive status.

 

L-1 A to Greencard

Not entirely true. The GC IS for a future job. An employer CAN, based upon a good faith intention to hire you in the future, file a GC for you even while you are not working for them. But, an EB1 for an international manager/executive can only be filed by a company related to the company you worked for when you were outside USA.

I-94 Extension Time

It can take a few months. You can apply for premium processing even when the case is filed and pending.

L-1A holders trying for EB-1

L-1A holders should try under EB1. You could be done in a year.

Green card for L1-B or L1-A holders

Smaller companies can have a tough time getting an L-1A.

L1A-Blanket petition

There is an exemption of time for people who come to USA and continue working with the same group of companies in USA. Their 3 years are counted back from the date they enter USA.

L1A to EB1 from outside USA

EB1 can be applied while you are outside USA. A new employer can sponsor only after you have worked for them for one year outside USA.

Chances of L1A to EB1

No, sorry. The basis of an International Manager's or Executive's EB-1 filing is that you must have been employed abroad with a related company for one year. Since you will not be able to meet that criterion, I do not see how that type of EB-1 can be filed through a new company.

L1A Extension processing time

L-1A extensions are very difficult unless you meet all the criteria.

Current Immigration/Visa Options for Entrepreneurs
Extension of Investor Visas, Religious Visas, Conrad 30 for Physicians

True. The EB-5, the religious visa programs and Conrad 30 waives for foreign physicians have been extended until 8 December 2017 pursuant to H.R. 601 – Continuing Appropriations Act, 2018 and Supplemental Appropriations for Disaster Relief Requirements Act, 2017.

Rules for Counting 6 Years of H-1B
Dual Intent Visas and Filing green Card in Multiple Categories Simultaneously

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/R4-_pic6TzY?t=103

FAQ Transcript

Can I postpone H-1 status

See clip from Attorney Rajiv S.

GC in L1-A Visa

1. You can apply for green card without any wait.
2.

Resigning Under L-1 Visa

1. You will have to exit and reenter OR apply for a change of status to 

L-1 to GC

There is no problem with you paying the I-485 fees. But the employer must be involved to the extent that they need to provide a (truthful) letter evidencing continuity of your employment.

Fresh H-1B After 6 Years

1. You will be subject to quota and USCIS will not accept the filing until one year is over.

2. Being outside for one year does give a fresh start on the L-1 times as well. And, L-1 are not subject to quota.

Blanket L visas and I-129S

Upon expiration of the initial validity of the approved I-129S, a beneficiary may apply for an extension of his or her status with USCIS. If approved, the alien can continue to utilize his and her still valid visas for travel to the U.S. The approved extension of status application, not the initial I-129S, is proof to CBP of his or her eligibility for admission.

Have valid L-1 Visa, but I-94 expires
British citizen on L-1 visa

You can just get married and apply for a green card directly while you are still in USA. You can continue working on L-1. In 90 days or so, you should also receive your EAD, if you apply.

L-1 visa from an affiliate

Interesting situation. Not having researched this issue, I am guessing, the only way you can qualify for the L-1 is if you can establish that the hotel in Spain was your "true" employer in that they controlled you, even though your salary was paid by the consulting company.

L1A-Blanket petition

There is an exemption of time for people who come to USA and continue working with the same group of companies in USA. Their 3 years are counted back from the date they enter USA.

Request Info for L1 visa to do business

L-1 visas have progressively become more difficult for smaller companies. But I think it my be worth a try.

Current Immigration/Visa Options for Entrepreneurs
Rules for Counting 6 Years of H-1B
The Proposed I-140 EAD Rule - FAQ's

Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation? 

Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.

Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.

Correcting dates on I-94

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://youtu.be/ZvUVIGTM-Kk?t=705

Dual Intent Visas and Filing green Card in Multiple Categories Simultaneously

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/R4-_pic6TzY?t=103

FAQ Transcript

Can I postpone H-1 status

See clip from Attorney Rajiv S.

Traveling on a TN or L-1 Visa From Canada?

1. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level. The L-1 nonimmigrant classification - Intracompany Transferee Executive or Manager – enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States.  This classification also enables a foreign company that does not yet have an affiliated U.S. office to send an executive or manager to the U.S.

Sister Filed Petition

That category takes 13-14 years. During the time you are waiting for your priority date to be current, you cannot stay in the USA just because your green card is pending. You can, however, stay or come to the USA under a visa independent of the green card such as L-1, H-1. You can also apply for a green card in several categories simultaneously.

How to Enter The USA to Start A Business And Then Continue

There are several issues that should be examined before you can make an informed decision.

1.  B visa or ESTA does not allow you to “work:”

Licensing of Foreign Persons Employed by a U.S. Person

When is a foreign person considered an employee?

Home Residency Requirement for Second Visa

If I remember correctly, 212(e), the HRR, does not apply till you actually use the visa.

L-1 Blanket petition

As long as you work full time and on the job described in your L-1B while you are INSIDE USA, it does not matter how long you stay outside USA.

L-2 Visa without EAD
Starting business on L-2 visa

With an EAD, an L-2 can work anywhere including operating their own business and work as many jobs as they like.

L-1 visa from an affiliate

Interesting situation. Not having researched this issue, I am guessing, the only way you can qualify for the L-1 is if you can establish that the hotel in Spain was your "true" employer in that they controlled you, even though your salary was paid by the consulting company.

Wife work permit

Personally, I prefer the L-2 option for her. She can work AND go to school. More choices.

Parents B-2 Visa

I dont see much difference in the two (as long as we are truthful with the consulate). Option b may be slightly better because you would already have the L/H visa.

L2 Visa holder

You need complete credentialing including a license.

Moving to USA on L-1

I am not sure it is worth the risk, either. You have no right to continue to live in USA if the company fails or lays you off. You can negotiate a large severance package, but that is all the protection you can get.

Denial of an L-1A

Your current approval is not invalidated by denial of an L-1A. You can use it.

H1 Visa

This seems to be an issue of contract only. Immigration law does not stop you from changing.

L1A to EB1 from outside USA

EB1 can be applied while you are outside USA. A new employer can sponsor only after you have worked for them for one year outside USA.

Chances of L1A to EB1

No, sorry. The basis of an International Manager's or Executive's EB-1 filing is that you must have been employed abroad with a related company for one year. Since you will not be able to meet that criterion, I do not see how that type of EB-1 can be filed through a new company.

L2 Status

Once you have the EAD you can work for anyone in USA, including a company that is not in USA.

L1B to H1

You will need to apply for an H-1 through the employer you wish to join. You should be able to apply for a change of status as a part of that process.

L2 EAD Renewal based on I -94
L2 visa and EAD

As far as I know, you will have to be here. Nothing can be done before that.

L1A visa and H-1
L1A Extension processing time

L-1A extensions are very difficult unless you meet all the criteria.

F1 visa to business visa or H1/L1

If you qualify, H and L visas are certainly more secure than an F visa.

L1B

The time taken for L-1B holder who applies through PERM is the same as for anyone else from the country you were born in. No special case here, unless yo convert to L-1A and go through EB-1.

L-1B

1. L-1B visas do not permit part time employment.
2. I think 35 hours each week (full time). Part time is not permitted.
3. Part time is not allowed under L-1B.

Request Info for L1 visa to do business

L-1 visas have progressively become more difficult for smaller companies. But I think it my be worth a try.

L1 Visa

Yes, looks like you can. The law only requires one year of employment out of the last three years.

L-2 for Fiance
Convert L1B Blanket VISA to H1B

Once the quota is full (as it is now) you can get an H-1 only for a job that is quota exempt (not just an employer that is quota-exempt)

L-2 as dependent turning 21

Correct. Once you are 21, you cannot be on L-2 status.

L-2 to L-1 Visa

Normally, you can apply for another status only while still in status. Once the existing L-1 term is over, getting a change of status within USA is difficult. You need to discuss your case with your lawyers.

L-1A visa eligibility and time spent in US

Your time in USA must be compensated with extra time outside USA. If the time in USA is just a few days in a year, you should be fine with that formula. But, if the time in USA is too much (several months), things get much more complicated.

L1 visa

Generally speaking, 35 hours each week can be argued to be full time.

L-1B applying for green card

True. Converting to EB1 through an executive or a managerial job is the way to go. That way you can go thorough EB1 rather than PERM based process that takes several years.

Choices to work in USA

The most obvious choices are H-1 and L-1 visas. Look into those. US laws are fairly stringent in visas. Good luck!

May B-1/B-2, E-1, E-2, F-1, H-1, J-1, L-1 O-1 visa or TN holder apply for green card?

One of the questions I am asked quite frequently is whether or not an E-1/E-2 visa holder can apply for a green card and not jeopardize his or her E status. The answer is PROBABLY yes he can.

In the E visa context, this is what the govt says:

Quote:
9 FAM 41.51 N15 INTENT TO DEPART UPON TERMINATION OF STATUS
(TL:VISA-404; 04-29-2002)

When to apply for L-2 extension

I believe you have three choices. Add her L-2 extension/EAD to your L-1 extension in the same package; apply for your extension, wait for the receipt then apply for her L-2 extension/EAD; or apply for your extension, wait for the APPROVAL then apply for her L-2 extension/EAD (note that she must be in status when you apply for her L-2/EAD). I have listed these choices in the order of my preference.

L-2 EAD and H-1

1.  Ans. It lapses upon change of status from the date the status is changed.

2.  Ans. You cannot have H-1 and L-2 status at the same time. But on the L-2 EAD you can do both jobs.

3. Ans. Yes.

L-2 to L-1 COS or Visa?

You can apply for COS. Even if L-1 is rejected, you can still maintain your L-2. In case of a visa rejection, you should be able to come back on L-2 visa or reapply for L-2 visa on the spot.

L-1/H-1 COS Issues

I think I have mentioned this in my blog earlier. Once the COS is approved and kicks in (October 1, 2008), he is NOT on L-1 hence the work on L-1 is illegal. This can have an impact on several things.

To correct matters, he must immediately reenter USA with an L-1 visa or apply for COS back to L-1.

L-1 - H-1 COS issues

Facts - I am on an L1 visa working for employer A and my wife is on L2-EAD. We both applied for H1 visa through Employer B and it got approved recently. I am not sure if Employer B (Consulting Company) has applied for COS while applying for both of ours H1 visa. Could you answer the following queries for both (COS applied and COS not applied) conditions during H1 application.

Questions

Enter USA while Green Card is Pending on B-1, B-2/H-1 Visa

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?v=baprYGs8IzQ&t=782

FAQ Transcription

Can I postpone H-1 status

See clip from Attorney Rajiv S.

Using Obama's Immigration Action to Apply for AOS/EAD

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=QvnIAm0nQJ8#t=808

FAQ Transcript