L-1B and Green Card Options post-2018

[Zap_travel 0]

Hello,

I was granted an L-1B visa by a well-known company in 2013 and my visa expires in 2018. It is my understanding that there is no option to extend? So I have some questions:

- If I am not able to extend my L-1B visa, can I apply for a new L1B visa for another 5 years?

- As my company aren't able to sponsor me for a green card, I'd like to self-petition, is there a minimum time as to when one can file?

- I'm considering seeking another company in another state to sponsor me, can I simply transfer my existing L1B visa if they company are willing - will there be any visa cost implications for doing so?

- If I gain a green card based on employment will the green card limit me to that company only or can I seek employment from another company?

Seeing as I'd want to stay in the US after 2018, what are my best options considering that I'd like to move to another state and company?

Thanks in advance.

[jan22 3,053]

You cannot extend your L visa, as it is already valid for the maximum amount of time you can be in L status (5 years). You also cannot get a new one from your company until you have been outside the US for at least 1 year after your L status ends. You cannot transfer your L visa to another company, as you would not meet the minimum requirement of an L -- that you have worked for the company for at least one of the preceding five years for the company outside the US prior to getting L status.

[Zap_travel 0]

You cannot extend your L visa, as it is already valid for the maximum amount of time you can be in L status (5 years). You also cannot get a new one from your company until you have been outside the US for at least 1 year after your L status ends. You cannot transfer your L visa to another company, as you would not meet the minimum requirement of an L -- that you have worked for the company for at least one of the preceding five years for the company outside the US prior to getting L status.

OK, Thanks.

So in other words, I'd pretty much need to stay with my current company until 2018 - moved back to home for at least a year before I can apply for another visa?

What are the green options though?

[Boiler 45,493]

Why can your Employer not sponsor you for a GC?

The usual other option is marrying a USC. There are very limited self sponsorship options, certainly not something available to most.

[Zap_travel 0]

Why can your Employer not sponsor you for a GC?

The usual other option is marrying a USC. There are very limited self sponsorship options, certainly not something available to most.

I did ask, but my company aren't able to. But even if I did - wouldn't that mean I couldonly work for that employer if they sponsored the green card?

[Boiler 45,493]

Sounds more like they will not rather than can not.

A GC means you are a Legal Permanent Resident and can work for who you want.

[Zap_travel 0]

Sounds more like they will not rather than can not.

A GC means you are a Legal Permanent Resident and can work for who you want.

I think it was more because of cost implications, I wasn't really given a reason other than it wasn't feasible. So from here, I'm wondering if its worth self-petitioning.

[Boiler 45,493]

A National Interest Waiver? If you are that impressive why does your Employer now want you to stay?

Obviously a cost but not a major one.

[f f 725]

might want to offer to sign a contract saying if the petition for your green card you will work for them for X number of years or else you will reimburse them for the cost of the green card. they might be scared you would get the go then leave them with the green card bill. not sure if it is legal to have a contract like that though.

[Zap_travel 0]

A National Interest Waiver? If you are that impressive why does your Employer now want you to stay?

Obviously a cost but not a major one.

The GC decision seems to lie at the upper Director level who I do not work closely with.

However the NIW is different from a Green card, correct? If that was not an option with my current work place, would an NIW with another company be another option or would that play against me?

[Boiler 45,493]

What do you do?

[aaron2020 11,651]

might want to offer to sign a contract saying if the petition for your green card you will work for them for X number of years or else you will reimburse them for the cost of the green card. they might be scared you would get the go then leave them with the green card bill. not sure if it is legal to have a contract like that though.

The petitioning employer must pay the fees and costs as a cost of business. No court will enforce a contract shifting the burden to the employee.

[Zap_travel 0]

What do you do?

I work in digital media

[kzielu 1,149]

The GC decision seems to lie at the upper Director level who I do not work closely with.

However the NIW is different from a Green card, correct? If that was not an option with my current work place, would an NIW with another company be another option or would that play against me?

NIW is employment based category green card application - that's your self petitioning. Do a little bit of a research - you have to be exceptional in your field (which is what Boiler was trying to tell you) to qualify. Otherwise there is no "self petitioning" or "self sponsoring" - everybody would do it.

Half a second google search - https://www.uscis.gov/eir/visa-guide/eb-2-employment-based-second-preference/national-interest-waiver - read this and see if you have a chance.

[randomstairs 303]

The GC decision seems to lie at the upper Director level who I do not work closely with.

However the NIW is different from a Green card, correct? If that was not an option with my current work place, would an NIW with another company be another option or would that play against me?

Yes, NIW is different from GC. You can apply for green card based on approved I-140-NIW form.

The NIW is self-petitioned so it is independent of the company you work for. You can even be unemployed in some cases. But you do need to stay within the field you claim your exceptional ability in. USCIS is very broad when it comes to defining a field.

To get the I-140-NIW approved consider the following questions:

Are you an author of any publications?

Have you had any patents?

Can you show that your work has been utilized by other companies?

Is your work national in scope (or local)?

Are you outstanding within your field of work?

Good luck.

Edited November 28, 2016 by randomstairs