Can't get help anywhere I go...

[chill4xdude 0]

I'm a 19 year old student who moved here with my family 6 years ago. My Dad got transferred here with the company he works for, therefore we are here on an L1 visa.

This visa generally allows someone to apply for an Adjust of Status(Greencard) after three years of living in the states. Now here's the thing, we are told that we cannot apply for the Greencard because the company my Dad transfered from is no longer operational. There is a clause that states that the company must be in operation at the time of applying for the Greencard. But the company closed down due to a hurricane. Our L1 visa expires in December and we have been to many immigration lawyers hoping to get some good news - but that's not the case. We only have one option, and that option is to leave the states for a year and come back but my Dad has to find a job with the same company outside of America. It's really a hassle to move all our stuff elsewhere.

This is really affecting me because I just obtained my Associates Degree and I was unable to apply to any four year colleges because I need to be out of America before December 2014.

I was really hoping that since we have been here for almost 7 years that it would have been easier to get an Adjust of Status, so I am asking for your assistance or advice in helping my family and I.

Can we appeal the clause and have it processed in less than 4 months? Please help me or please refer me to someone who I can get help from. We have been to an actual USCIS office and they guy said that after 3 years on an L1 visa we are eligible for a Greencard but this clause is preventing us from doing so.

He doesn't have a Bachelors, so he can't get an H1 visa. Help

[Mollie09 1,543]

I was really hoping that since we have been here for almost 7 years that it would have been easier to get an Adjust of Status, so I am asking for your assistance or advice in helping my family and I.

No such luck. I lived here for eight years (F-1 - OPT - H1B) and was no closer to a green card until I got married. The time you've spent in the country does not count for anything when AOSing.

Your immigration lawyers are your best bet. However, they should have told you that you are no longer in L-1 status since your dad is no longer working for the employer. So you're already overstaying.

[kzielu 1,153]

I'm a 19 year old student who moved here with my family 6 years ago. My Dad got transferred here with the company he works for, therefore we are here on an L1 visa.

I was really hoping that since we have been here for almost 7 years that it would have been easier to get an Adjust of Status, so I am asking for your assistance or advice in helping my family and I.

Can we appeal the clause and have it processed in less than 4 months? Please help me or please refer me to someone who I can get help from. We have been to an actual USCIS office and they guy said that after 3 years on an L1 visa we are eligible for a Greencard but this clause is preventing us from doing so.

You got that very very wrong and whoever you talked to has no idea what he was talking about - for the record I cam on L-1B.

L-1 does not allow for any adjustment of status based on length of stay ever. It is _temporary_ work visa, you never had any chance of adjusting status - you're only hope would be to be petitioned by employer for employment based green card which is entirely independent petition.

Only benefit of L-1 is no need for labor cert if somebody files EB-1C and your dad would have been holding L-1A.

[Boiler 46,201]

The L1 is a visa that allows multi national companies to transfer employees from one location to another.

There is no 3 year requirement, they could have applied for Permanent Residency the day that you arrived.

Sounds like you are already out of status, that depends on your fathers employment, no job no status.

From a practical point of view you would age out anyway at 21.

If you want to study in the US look at a F1 Student Visa, your current situation may complicate matters.

[chill4xdude 0]

No such luck. I lived here for eight years (F-1 - OPT - H1B) and was no closer to a green card until I got married. The time you've spent in the country does not count for anything when AOSing.

Your immigration lawyers are your best bet. However, they should have told you that you are no longer in L-1 status since your dad is no longer working for the employer. So you're already overstaying.

you're only hope would be to be petitioned by employer for employment based green card which is entirely independent petition.

The L1 is a visa that allows multi national companies to transfer employees from one location to another. There is no 3 year requirement, they could have applied for Permanent Residency the day that you arrived. Sounds like you are already out of status, that depends on your fathers employment, no job no status. From a practical point of view you would age out anyway at 21. If you want to study in the US look at a F1 Student Visa, your current situation may complicate matters.

My dad is still working for the same company in the US, the problem is that the property he transferred from closed down due to a hurricane. The lawyers told us that the property he transferred from must be in operation at the time of applying for the greencard (apparently that's the law) & because of this the company cannot petition for the greencard.

I will be out of status December 2014, therefore I can still be here. But I was just seeing if there were any other options instead of having to leave..

[Boiler 46,201]

As I understand it that as soon as the Company that transferred him closed he was no longer eligible for L1 status, if he had wanted to stay then he needed another type of Visa.You are of course dependent on his visa.He should seek legal advice, may be being mislead by the Company Lawyer.

I will be out of status December 2014, therefore I can still be here. But I was just seeing if there were any other options instead of having to leave..

Your option independent of your Parents is the F1.

[chill4xdude 0]

As I understand it that as soon as the Company that transferred him closed he was no longer eligible for L1 status, if he had wanted to stay then he needed another type of Visa. You are of course dependent on his visa. He should seek legal advice, may be being mislead by the Company Lawyer.

Your option independent of your Parents is the F1.

okay thanks Boiler

whoops, can i get a job on an F1 visa?

[kzielu 1,153]

okay thanks Boiler

whoops, can i get a job on an F1 visa?

No.

[chill4xdude 0]

damn.. alright thanks.

[blueniv 5]

okay thanks Boiler

whoops, can i get a job on an F1 visa?

You would only be allowed to get a part time job on college campus which would not pay much and there's a lot of competition for those.

http://www.***removed***/visas/studentvisa/working-parttime.html

Edited August 14, 2014 by blueniv

[chill4xdude 0]

You would only be allowed to get a part time job on college campus which would not pay much and there's a lot of competition for those.

http://www.***removed***/visas/studentvisa/working-parttime.html

so thees absolutely no way I can get a job OFF campus?

[Boiler 46,201]

Hopefully your course would lead to one.

[blueniv 5]

so thees absolutely no way I can get a job OFF campus?

Only with express permission from USCIS. But chances are very very very slim. So don't count on it.

[Merrytooth 5,748]

OP's whole family is in US, I wonder how he could establish that he is not intending immigrant to the United States during F1 visa application

[Boiler 46,201]

Does not seem a major issue for those aging out.

Assuming Parents are in legal status.