K1, ESTA and L1-B/H1-B

[GianlucaP 1]

I have question on my case: once our I-129F were soon approved, how could the following process interfere with an ESTA or L1-B petition for the same person that could potentially happen soon?

 

The background is the following.

 

Last August 2020 my american fiancée sent an application for a K1 visa for me, italian citizen, so we could get married in the US to consequently apply for a green card.

Today Visa Journey forecast for I-129F approval is April 11.

Two weeks ago I discovered that my employer is urgently looking for several skilled employees to support a new operation recently opened just where my fiancée lives.

I've applied for one of the positions and I had a first interview with the european hiring manager who described me the possible scenarios in which, given the urgency, they suppose I could quickly support the colleagues in US starting with an ESTA and several weeks of business trip and, in the meanwhile, ideally start the paperwork for a working visa, possibly a L1-B as I was granted in 2014 in a location nearby.

 

I don't know how high the chances I have to be selected for the position (I would optimistically estimate 55%) and 'win the lottery' of being quickly, at least temporary, being in the US on a  totally different pathway than the one I'd been planning and acting upon.

 

Can someone advise if there could be possible CRITICAL interferences between a running K1 visa process and the petition for ESTA ESTA and L1-B/H1-B?

[Boiler 45,486]

ESTA is pre authorisation for the VWP. VWP is very limited as to what sort of business activities that you can do.

 

So you are going to trips to the US on the VWP and they are happy for you to quarantine somewhere for 2 weeks in between? Do not know what the issues are re entering Italy.

 

Are they interviewing L1's in Italy currently?

 

All good questions to ask your Employer, their Lawyer.

 

Where does the H1b come into it.

 

You realise you can not work on a K1 until you obtain EAD.

 

[Mike E 11,739]

It is possible you will be denied entry when using your ESTA because you’ve expressed immigration intent with your pending K-1 and L1-B petitions.  
 

K-1 versus L1-B: they are both dual intent (non immigrant visas with an explicit option to adjust status).  So I don’t think there will be any conflict.  
 

Ideally your L1-B is approved before your K-1 visa interview and you just marry your US citizen partner as soon as you arrive in the USA, and use the L1-B to work while waiting for your marriage-based adjustment of status.  
 

You would still want to file for your marriage based EAD and advance parole in case the L1-B job ends before you get your marriage-based green card.  

[GianlucaP 1]

3 hours ago, Boiler said:

ESTA is pre authorisation for the VWP. VWP is very limited as to what sort of business activities that you can do.

 

So you are going to trips to the US on the VWP and they are happy for you to quarantine somewhere for 2 weeks in between? Do not know what the issues are re entering Italy.

 

Are they interviewing L1's in Italy currently?

 

All good questions to ask your Employer, their Lawyer.

 

Where does the H1b come into it.

 

You realise you can not work on a K1 until you obtain EAD.

 

All good points...I'll check it out when appropriate.

 

Thank you!

[GianlucaP 1]

3 hours ago, Mike E said:

It is possible you will be denied entry when using your ESTA because you’ve expressed immigration intent with your pending K-1 and L1-B petitions.  
 

K-1 versus L1-B: they are both dual intent (non immigrant visas with an explicit option to adjust status).  So I don’t think there will be any conflict.  
 

Ideally your L1-B is approved before your K-1 visa interview and you just marry your US citizen partner as soon as you arrive in the USA, and use the L1-B to work while waiting for your marriage-based adjustment of status.  
 

You would still want to file for your marriage based EAD and advance parole in case the L1-B job ends before you get your marriage-based green card.  

Mike,

 thank you very much for your feedbca.

 

So the K1 could make any business trip impossible even before the Ambassy phase apparently...that's what I was scared of...

 

Do you think it could be possible to "negotiate" with USCIS considering the new and unexpected situation (a potential L1-B petition) and suspend or cancel the K1?

[Boiler 45,486]

I seriously doubt K1 and visiting will be an issue, I did many others have.

[Mike E 11,739]

34 minutes ago, GianlucaP said:

So the K1 could make any business trip impossible even before the Ambassy phase apparently...that's what I was scared of...

 

It could. Lots of people, especially those from highly developed countries, have successfully traveled to the USA while their K-1 petitions were pending. And there are examples of those who have been denied entry. 

 

Quote

 

Do you think it could be possible to "negotiate" with USCIS considering the new and unexpected situation (a potential L1-B petition) and suspend or cancel the K1?

Your US citizen partner is free to cancel the I-129F (K-1 petition) whenever your partner wants. 

It comes down to what is more important to you. Your I-129F is due to be approved next month. Later would be the K-1 interview. I don't know how long an L1-B visa would take.

I'd start the L1-B process, and travel on whichever visa is ready first. If it is the K-1, then you won't be working for a while.
 

Edited March 22, 2021 by Mike E

[GianlucaP 1]

11 hours ago, Boiler said:

I seriously doubt K1 and visiting will be an issue, I did many others have.

That’s encouraging and inspiring.

 

I‘ll do my best and keep calm waiting for the next moves from the corporate on one side and from USCIS on the other!

 

Thank you soooo much! :-)

[Chelsea&Valentina 3]

As far as the waiting time I'm not sure which one would be faster.. based on my experience I know that due to the travel ban the consulates in Italy aren't processing visas at the moment (our papers for the K1 are at the consulate in Naples right now), only NIE and plaintiffs

[jan22 3,053]

Be cautious trying to use ESTA to "support" US colleagues.  If the company is expecting you to start "supporting" the US office while waiting for the L1 to be processed, expect some serious questioning during an L1 visa interview and/or at the Port of Entry if a pattern of travel that suggests you are working becomes apparent.  If it's determined that you were actually working and not just "supporting", the repercussions will fall on you and not the company.  Companies have gotten individuals in trouble by trying this before.

[GianlucaP 1]

3 hours ago, jan22 said:

Be cautious trying to use ESTA to "support" US colleagues.  If the company is expecting you to start "supporting" the US office while waiting for the L1 to be processed, expect some serious questioning during an L1 visa interview and/or at the Port of Entry if a pattern of travel that suggests you are working becomes apparent.  If it's determined that you were actually working and not just "supporting", the repercussions will fall on you and not the company.  Companies have gotten individuals in trouble by trying this before.

Thanks for your advice. I'm far from being sure I 'll ..."win the lottery". Anyhow in that lucky case I will triple check with the corporate lawyer.

[jan22 3,053]

18 hours ago, GianlucaP said:

Thanks for your advice. I'm far from being sure I 'll ..."win the lottery". Anyhow in that lucky case I will triple check with the corporate lawyer.

Remembering, of course, that the corporate lawyer represents the company, not you directly.  Hopefilly, it will be a good one who can balance the two!

 

Good luck in working it all, out!