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phoenyxx

File for L-1B while I-130 is pending.

By phoenyxx in Work Visas

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phoenyxx Enthusiast

phoenyxx   30

Posted
Filed: FB-2 Visa Country: Jamaica
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Good day all - this site is just a trove of information, I'm hoping someone has advice and can help me with this.

I've been working for a US subsidiary in my home country, and I have the option to work from home. My father had a stroke on Tuesday; he's currently hospitalized with his entire right side paralyzed and will require someone to stay with him, he is unmarried and his immediate family do not live close by; my aunt and cousins have to visit between work hours. He's also filing I-130 for me as an over-21 daughter of LPR, which I only just sent in a RFE response last week. My priority date is about 2 years away.

I've spoken to my boss here, and with my almost 6 years of employment, she suggested the L1 visa so I can work from home and sometimes one of the offices in US while I help take care of my father. My job responsibility is slightly managerial, I don't handle workers, just mostly deal with client contracts. I'm willing to wait and come back to my home country until my petition is approved and a visa number is current, however, I am in a better position to care for him instead of his sister or my cousins taking time off work. My questions are:

1. Am I eligible for the L1B visa? If so:

2. Will filing for that visa have any impact on the pending I-130 petition?

3. Would it be better to wait until the I-130 is approved/denied before my employer files for L1b visa?

4. I have a B1/B2 visa - would it be better if I entered the US on B1 with a letter from my employer? Note: I am not undertaking employment in the US. My company is a subsidiary of a US company; my salary would still be paid in my home country and I would still be a worker of my home company. The max time I plan on being in the US to care for my father is 5 or 6 months, depending on his progress in therapy and if we would need to hire someone longterm or place him assisted care. Those would be my last resort and I'd rather not to have to do either.

I would just like to know my options to remain in status on the US are, aside from resigning my job here.

Thank you in advance.

*** Father Immigrated with 9 y/o sister in 2009

  • I-130: Oct 2010  //  NVC appr: Nov 28, 2010 // RFE rec'd: May 14, 2014 // RFE returned with DNA test Jul 28, 2014  // I-130 approval rec'd Aug 18, 2014 // NVC rec'd Oct 31, 2014 // Welcome letter recd Feb 22, 2016 // AOS bill / IV bill paid Mar 27, 2016 //  Sent in supporting docs, Aug 11, 2016

*** Father became naturalized Citizen in Nov 2016, sent in opt-out request, received Nov. 2016, 

  • Case complete Nov 11, 2016 // Interview Package rec'd May 5, 2017 //   Medical May 17 ,2017 // Interview: Jun 2, 2017 // Passport rec'd Jun 8, 2017 // POE: Jun 22, 2017 // SSN changed Oct 08, 2017 // GC/I-551 rec'd - Jul 15, 2017

** Filing for naturalization (N400)

  • PD 3/31/2022
  • Biometrics: 4/26/2022
  • Interview Date: 11/21/2022
  • Oath Ceremony:
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Boiler Grand Master

Boiler   45,322

Posted
Filed: K-1 Visa Country: Wales
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Posted

Possibly

No

No

No

PS You can not work in the US on a B.

If you have a Lawyer who will pay for to relocate to the US go for it.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
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Posted

Given that an L-1B is dual intent, it could well be a possibility for you.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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phoenyxx Enthusiast

phoenyxx   30

Posted
Filed: FB-2 Visa Country: Jamaica
 Timeline
  • Author
Posted

Possibly

No

No

No

PS You can not work in the US on a B.

If you have a Lawyer who will pay for to relocate to the US go for it.

Thanks for replying. I figured working on the B1 would not be possible.

I don't understand your last reply: "if I have a lawyer who will pay for to relocate to the US go for it." Do you mean if I have a lawyer to pay to help me to relocate? On which visa? Or on a pending petition?

*** Father Immigrated with 9 y/o sister in 2009

  • I-130: Oct 2010  //  NVC appr: Nov 28, 2010 // RFE rec'd: May 14, 2014 // RFE returned with DNA test Jul 28, 2014  // I-130 approval rec'd Aug 18, 2014 // NVC rec'd Oct 31, 2014 // Welcome letter recd Feb 22, 2016 // AOS bill / IV bill paid Mar 27, 2016 //  Sent in supporting docs, Aug 11, 2016

*** Father became naturalized Citizen in Nov 2016, sent in opt-out request, received Nov. 2016, 

  • Case complete Nov 11, 2016 // Interview Package rec'd May 5, 2017 //   Medical May 17 ,2017 // Interview: Jun 2, 2017 // Passport rec'd Jun 8, 2017 // POE: Jun 22, 2017 // SSN changed Oct 08, 2017 // GC/I-551 rec'd - Jul 15, 2017

** Filing for naturalization (N400)

  • PD 3/31/2022
  • Biometrics: 4/26/2022
  • Interview Date: 11/21/2022
  • Oath Ceremony:
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Boiler Grand Master

Boiler   45,322

Posted
Filed: K-1 Visa Country: Wales
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Posted

Employer who will pay for a Lawyer.

Sorry

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Owen_London Enthusiast

Owen_London   65

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Thanks for replying. I figured working on the B1 would not be possible.

I don't understand your last reply: "if I have a lawyer who will pay for to relocate to the US go for it." Do you mean if I have a lawyer to pay to help me to relocate? On which visa? Or on a pending petition?

Working in the US is defined by your location, not by the location of your employer. You can't use the B1 visa to live in the US for 5 or 6 months and still work for your employer in your home country.

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Boiler Grand Master

Boiler   45,322

Posted
Filed: K-1 Visa Country: Wales
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Posted

Completely wrong.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,322

Posted
Filed: K-1 Visa Country: Wales
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Posted

Sorry, re reading I misunderstood.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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