L1/K-1/AOS: nothing is ever simple.

[Caladan 19]

C.'s employer in Canada, as I've mentioned in passing before, is beginning operations in the U.S. in May. His position is a specialist one, and as such, he's eligible for an L1-B. (His company has secured L1-Bs for co-workers before this.) We already have the K-1.

The L1-B is dual intent. I need a little help in understanding what it is means, practically speaking. I know, theoretically, it means that it's permissible to enter on the L1-B even if you have immigrant intent. And once C. marries me, he'll have the standing to adjust status. And it'll be okay to adjust status based on marriage having legally entered on the L1-B.

But C. already have a K-1. Can you hold two visas at once if one is a dual intent visa? Or would we have to relinquish the K-1 in order to get the L1-B? Would we have to relinquish it in order to apply for the L1-B? (I'd have a panic attack.)

From reading the instructions for the I-129, I've learned that once he's in the U.S., a K-1 can't adjust status to a work visa class.

He has to get married to me in July, having entered legally. That's the priority. But it would be really nice if he could work instead of sitting around because EAD stamps aren't given at land crossings. And this looks like a viable alternative.

Anyone have any experience with this? I've just begun researching this, so if anyone has any pointers I'd be really grateful.

[Dr_LHA 3]

Boy it would have been much easier if you'd gone the L-1B route before the K-1! An L-1B visa in theory would be great, your fiance could work, travel all while his AOS is processing, and you don't have to worry about silly things like "immigration intent". I don't see any real reason why one couldn't apply for a new different visa, but it would invalidate the K-1. I've known people who've swapped visas before, and it wasn't an issue. For example a friend of mine came here on a J-1, but decided to go to grad school so swapped to a F-1, it wasn't a big deal.

L-1B's are often considered to be the "easy" version of the H-1B, so you should get you fiance to talk to his work people to find out if there would be any issue. I'd assume they have lawyers who deal with this sort of thing.

[Caladan 19]

Indeed! When we began this process back in September, his company was only beginning the process of getting authorization to have more operations in the U.S. At the time, they were just our back pocket of 'someone who will hire you after you get your work authorization.' Since then, he's been promoted, they're gearing up to come down here, and they want him along. This has all been happening in about the past two months. BECAUSE APPARENTLY GOD WANTS ME TO LOSE MY MIND.

We're getting their lawyers involved, but I don't trust lawyers for businesses to know much about K-1s. Too many of my college friends are lawyers, and I remember helping them with their homework.

[Dr_LHA 3]

Well if the lawyer can get a L-1B, the K-1 will be irrelevant. L-1B allows immigration intent, so there's no problem entering the USA on an L-1B and filing AOS. The main reason to get a K-1 is to have a legal way of getting here without the risk of being deported due to "immigration intent". A L-1B fulfills that aim equally well (whereas other visas such as F-1 or J-1, don't).

[rebeccajo 14]

Doc.....

Say they do the L1. Marry and file for adjustment.

Can he continue to cross over the border on the L1? Does the I485 filing not 'invalidate' the L1?

I know we had this similar scenario recently (Can/Am couple and a Canadian job) and worked out it was fine. But the adjustment in that scenario was from a prior family-based visa.

Would it be different because of the L1?

[Dr_LHA 3]

Does the I485 filing not 'invalidate' the L1?

No. L-1 is dual intent, just like H-1B is (which is what I had). The L-1 will only become invalid if one of three things happens:

1. It expires (runs out or loss of job)

2. AOS is approved

3. The person applies for and uses an EAD.

On dual intent visas the visa remains valid even while AOS is processing and you can continue to travel and work on the visa without the need for AP or EAD. This is why I'm suggesting that if there's a possibility of getting an L-1, the OP should jump at the chance - it would be a lot less hassle than K-1 and the long wait for EAD.

Edited March 23, 2007 by dr_lha

[rebeccajo 14]

Does the I485 filing not 'invalidate' the L1?

No. L-1 is dual intent, just like H-1B is (which is what I had). The L-1 will only become invalid if one of three things happens:

1. It expires (runs out or loss of job)

2. AOS is approved

3. The person applies for and uses an EAD.

On dual intent visas the visa remains valid even while AOS is processing and you can continue to travel and work on the visa without the need for AP or EAD. This is why I'm suggesting that if there's a possibility of getting an L-1, the OP should jump at the chance - it would be a lot less hassle than K-1 and the long wait for EAD.

Cool. Thanks for my 'something else learned' today.

I figured you would know the answer because of your previous visa experiences.

[Caladan 19]

Thanks for the advice. Dr_lha, did you adjust from an H1-B?

[Dr_LHA 3]

Thanks for the advice. Dr_lha, did you adjust from an H1-B?

Correct.

[Caladan 19]

Lucky #######.

We're still sorting out our options here. Part of it is that I'm terrified to go through another round of applying for the visa, though I suppose if he doesn't get it, he just uses his K-1 as planned.

[Dr_LHA 3]

Lucky #######.

I went through my own fair share of pain and suffering in the 7 1/2 years between moving here and getting my Green Card!