Impact to I130 when L1 is filed

[klo2005 0]

Hi there,

I have a question about whether visa's can be processed simultaneously.

I have an approved I-130 which is currently at the NVC stage and there is an opportunity at my work which may allow me to enter the US on an L1 sooner than when my I-130 will be approved.

If this happens, what do I do?

-Do I file an I485 only since my I130 has already been approved or do I have to file my I130 again?

-Can I continue with my I-130 (which has been filed outside of the US) at the same time that I'm legally in the US?

Any help you can provide would be greatly appreciated!

Thank!

K

[Phillip2 3]

I would say call NVC and see what they have to say

[klo2005 0]

I would say call NVC and see what they have to say

I called NVC but they didn't seem to be able to provide any help. They only process the paperwork.

[canadian_wife 1,829]

You may need to call a laywer before you move ahead (many wave the initial consultation fee) or try calling USCIS because you don't want to do anything to jeopardize your immigration or your job

Good luck

Edited October 11, 2008 by canadian_wife

[Phillip2 3]

I must agree with Canadianwife seek a lawyeryo that you don't cause yourself long delays. Because believe me it is long enough already

[cmnb 0]

Hi there,

I have a question about whether visa's can be processed simultaneously.

I have an approved I-130 which is currently at the NVC stage and there is an opportunity at my work which may allow me to enter the US on an L1 sooner than when my I-130 will be approved.

If this happens, what do I do?

-Do I file an I485 only since my I130 has already been approved or do I have to file my I130 again?

-Can I continue with my I-130 (which has been filed outside of the US) at the same time that I'm legally in the US?

Any help you can provide would be greatly appreciated!

Thank!

K

you can certainly adjust status after your US entry but that would be lying to the immigration officers. here is why:

when you enter the US on a L1 visa you are entering the US on a non-immigrant work visa and convincing the officer that you are only there for work purposes and will return after the business is complete. the officer will then give you (at his discretion ofcourse) a I-94. there is no guarantee that you will recieve an entry as your immigration visa process is still pending. you will have to convince the officer by showing ties to your country and that you will return back. most people dont have any problems entering but the officer at the POE has the right to deny entry if he feels that you are going to stay behind and file for an adjustment of status (I485).

if you stay behind and adjust status, you will have to go through answering questions about what your real intention was when entering the US. if during the AOS interview they sense that you are lying and that your real motive behind the L1 entry was to stay behind and adjust status, they have the right to deny you a green card. in this case have your USC spouse speak with an immigration lawyer if you go through this route.

the next option for you (safest option) is to enter US on L1 and return back to your country for the interview when the date is provided. this way you do everything right and dont create any problems in your life.

option 3, if this is possible and my recommendation, ask your employer to postpone your travel until your interview is complete. this way your employer will have a permanent resource in the US when you get here.

i hope my explanation above is making sense. good luck in whatever you decide.

[klo2005 0]

Hi there,

I have a question about whether visa's can be processed simultaneously.

I have an approved I-130 which is currently at the NVC stage and there is an opportunity at my work which may allow me to enter the US on an L1 sooner than when my I-130 will be approved.

If this happens, what do I do?

-Do I file an I485 only since my I130 has already been approved or do I have to file my I130 again?

-Can I continue with my I-130 (which has been filed outside of the US) at the same time that I'm legally in the US?

Any help you can provide would be greatly appreciated!

Thank!

K

you can certainly adjust status after your US entry but that would be lying to the immigration officers. here is why:

when you enter the US on a L1 visa you are entering the US on a non-immigrant work visa and convincing the officer that you are only there for work purposes and will return after the business is complete. the officer will then give you (at his discretion ofcourse) a I-94. there is no guarantee that you will recieve an entry as your immigration visa process is still pending. you will have to convince the officer by showing ties to your country and that you will return back. most people dont have any problems entering but the officer at the POE has the right to deny entry if he feels that you are going to stay behind and file for an adjustment of status (I485).

if you stay behind and adjust status, you will have to go through answering questions about what your real intention was when entering the US. if during the AOS interview they sense that you are lying and that your real motive behind the L1 entry was to stay behind and adjust status, they have the right to deny you a green card. in this case have your USC spouse speak with an immigration lawyer if you go through this route.

the next option for you (safest option) is to enter US on L1 and return back to your country for the interview when the date is provided. this way you do everything right and dont create any problems in your life.

option 3, if this is possible and my recommendation, ask your employer to postpone your travel until your interview is complete. this way your employer will have a permanent resource in the US when you get here.

i hope my explanation above is making sense. good luck in whatever you decide.

So I've been able to confirm that I can enter on a non-immigrant L1 visa and then have my immigrant CR1 visa in process. I think your idea to come back to Canada for the interview makes sense and my husband and I have decided not to move our finances, etc. until we are officially approved.

Do you happen to know what happens with SSN, etc when all that happens? I will be given an SSN number with my L1 and presume I keep the same one when I get my greencard, right?

Are there any other suggestions of things that I should do to prove intent to return to Canada while I'm on my L1? It sort of seems strange to me as they will also know that I have my I-130 in process which obviously says that I do have intent to immigrate eventually.

[canadian_wife 1,829]

You may get subject to interrogation about your intentions when you cross but just be honest with them. Show strong ties to Canada like a lease or mortgage payments, educational ties (if you have any), bills, perhaps a letter from your employer saying that you have a job in Canada when the L visa expires.

Good luck!

[cmnb 0]

You may get subject to interrogation about your intentions when you cross but just be honest with them. Show strong ties to Canada like a lease or mortgage payments, educational ties (if you have any), bills, perhaps a letter from your employer saying that you have a job in Canada when the L visa expires.

Good luck!

grab as much evidence as you can. have your employer give you a letter that you are strictly there for business purposes and that you have no intention to stay behind and file for AOS. like canadianwife mentioned, bring a copy of your lease, mortgage payments, bills...whatever that can prove that you will return to canada to take care of your personal/professional business. good luck!