Question about adjusting from L1A to permanent resident

[HeyEllie 1]

Hi, My husband has his L1A and I am with him on an L2. Received visas July 20, 2019 and they are set to expire July 20, 2021. My husband is the GM for US operations and the US branch for his employer. When we first agreed to come here, they expressed the hope we would want to retire here with them. They are going to have to either apply to extend the L1A/L2 soon or apply for adjustment of status. They recently hired a new immigration attorney and we haven't had dealings with him yet. I want to have my ducks in a row first so we know what we need to do. I read on the USCIS website that to apply for permanent resident status as an EB-1 my husband would need to have been employed outside the US in the 3 years preceding the petition for at least 1 year by his firm. 

https://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1

 

If I am understanding this correctly, does this mean the employer has this limited window to apply for our adjustment of status? I am afraid if they just renew the L1A we will miss that window and have to leave once all extensions are exhausted. 

Appreciate any insight.

[geowrian 22,337]

It’s probably not the answer you want, sorry, but this is something best addressed with the company’s immigration attorney. Both an extension and AOS options via employment are matters they will be pivotal in, and the best source of advice here.

[arken 4,197]

19 minutes ago, HeyEllie said:

They are going to have to either apply to extend the L1A/L2 soon or apply for adjustment of status.

They can do both, apply for extension at this time and process EB1 petition. It’s not either-or case..

 

Quote

 

 I read on the USCIS website that to apply for permanent resident status as an EB-1 my husband would need to have been employed outside the US in the 3 years preceding the petition for at least 1 year by his firm. 
 

That’s the L1A visa requirement as well so why that’s is an issue now. He should already have met that requirement.

 

Quote

https://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1

 

If I am understanding this correctly, does this mean the employer has this limited window to apply for our adjustment of status? I am afraid if they just renew the L1A we will miss that window and have to leave once all extensions are exhausted. 

Appreciate any insight.

No idea what limited window you are talking about because of the requirement that was already there for L1A as well.

 

Anyway, like @geowrian said, usually EB petitions are handled well by the employer’s competent lawyers. 
 

 

Edited February 24, 2020 by arken

[HeyEllie 1]

Thank you. I realize I must have misunderstood what I read on the USCIS website. We will reach out to the company lawyer going forward.

[igoyougoduke 1,656]

On 2/24/2020 at 7:29 AM, HeyEllie said:

Hi, My husband has his L1A and I am with him on an L2. Received visas July 20, 2019 and they are set to expire July 20, 2021. My husband is the GM for US operations and the US branch for his employer. When we first agreed to come here, they expressed the hope we would want to retire here with them. They are going to have to either apply to extend the L1A/L2 soon or apply for adjustment of status. They recently hired a new immigration attorney and we haven't had dealings with him yet. I want to have my ducks in a row first so we know what we need to do. I read on the USCIS website that to apply for permanent resident status as an EB-1 my husband would need to have been employed outside the US in the 3 years preceding the petition for at least 1 year by his firm. 

https://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1

 

If I am understanding this correctly, does this mean the employer has this limited window to apply for our adjustment of status? I am afraid if they just renew the L1A we will miss that window and have to leave once all extensions are exhausted. 

Appreciate any insight.

It is not required to file green card in EB-1c category. He can file in Eb2/3. So there is that... Eb2/3 does require a perm process that takes a little longer. It also depends on how competent the law firm is. 

 

The 3 year rule means he must have worked for the same company/subsidary abroad and he is in the US on a managerial or above position.  There is no windows as to when you can file Green card but L1 is a limited term visa ( think its 5 or 6 years) and you cant get extensions on L1 status. You would either have to switch to H1b or get a green card in that time frame. 

 

 

[arken 4,197]

10 minutes ago, Donald120383 said:

It is not required to file green card in EB-1c category. He can file in Eb2/3. So there is that... Eb2/3 does require a perm process that takes a little longer. It also depends on how competent the law firm is. 

 

The 3 year rule means he must have worked for the same company/subsidary abroad and he is in the US on a managerial or above position.  There is no windows as to when you can file Green card but L1 is a limited term visa ( think its 5 or 6 years) and you cant get extensions on L1 status. You would either have to switch to H1b or get a green card in that time frame. 

 

 

OP mentioned her husband’s L1A visa is valid for 1 year, that means they can go through few more extensions up to the maximum year allowed.

[igoyougoduke 1,656]

12 minutes ago, arken said:

OP mentioned her husband’s L1A visa is valid for 1 year, that means they can go through few more extensions up to the maximum year allowed.

Yes L1A is 7 years and L1b is 5 years 

[US-UK 32]

Think carefully about committing to a Green Card if you aren’t certain you want to be financially tied to the US after retiring. You will have either a lifetime of US tax filings and declarations or, potentially, have to pay the expatriation tax.