Getting L1-B to cover wait time for EAD after K1 visa ?

[Pauline & Steven 3]

Hi, I am in the middle of a K1 visa process, expecting to get the visa by May-June 2022. I am employed by French company "A", part of the US group "C", which has another company "B" in the US, doing the same business but we have different market zones. There is currently a talk of creating a position serving both A and B, with me in mind to take the job, and I could eventually be employed by B. A keeps me employed until at least June 2022, which should be around the time I can move to the US to marry my fiancé, and then file for the Green Card. I anticipate a long time to get my EAD, so if I can't work, I could lose the opportunity of the new job for A & B.
I doubt it is possible, but could we ask B or C to file for a L-1B Visa, so that I could work for them while we wait for the EAD or AOS ?

If Yes, when should they start the process ? Can I enter to the US with the K1 visa, marry my fiancé, apply for AOS, AP, EAD (still needed ?), as originally intended, but work from Day 1 in the US thanks to the L1B visa ?

Is it heavy work to file for the L1-B ? What is required to prove the "specialized knowledge" ? I don't have certainty that B or C would be willing to do the paperwork, but I want to present it as an option if possible.

Should we just drop the K1 visa thing if the L1-B can be done, and marry then ?

 

More info:

I have been working for 7 years in company A as en engineer. If the position is created, it will be approved by corporate C. C is a public traded company. The position will be financed by A & B, and the final employer could be either A or B.

The position is to going full time for a training & knowledge transfer project I have been assigned for a couple years, with training both internal and for customers. Technically a new hire could work, but I am the one already familiar with the project and the tools.

My fiancé works for B, and they are aware of our marriage project, they would like to keep me in the group, but were not able to create the position before we filed for the K1 visa.

My NAO1 was April 26, 2021, so we know there is still time before I get the K1 visa. Then we know the EAD is going to take 5 months to up to a year. We are aware that the K1 route is not the best when you have work in mind; but at the time we were just eager to live together asap and were told the K1 route would be faster than marriage in France route due to Covid. Also, we did not have any certainty regarding this new position then, but it is getting more and more possible now.

 

Thank you in advance for your help!

[Boiler 45,519]

L1 is much better that a K1, basically the K1 you would cancel and adjust from L1.

 

And very little for you to do, the Company Immigration Lawyer deals with most of it and hopefully the Company will also pick up your relocation costs. Not sure why you would not go this route.

[Pauline & Steven 3]

1 minute ago, Boiler said:

L1 is much better that a K1, basically the K1 you would cancel and adjust from L1.

 

And very little for you to do, the Company Immigration Lawyer deals with most of it and hopefully the Company will also pick up your relocation costs. Not sure why you would not go this route.

Thank you for your quick reply.

I don't think the company has an immigration lawyer,  they usually hire US citizen.

I don't know yet if the company would "bother" for the L1 visa. We did not anticipate then that there would be a long time before being able to work when we started the K1 process almost a year ago, and also this new position was not possible back then. It is very likely I would get the position if it is created, assuming I can work soon, which we realize is not as easy as we thought ; but I don't know if they want me enough yet to bother with a work visa. I am just trying to think of all options to present to my boss, and just came across this L1 visa.

[Boiler 45,519]

Well they may not have one on staff, they would just employ one.

[milimelo 4,479]

If work from day 1 was of importance you’ve picked the wrong visa category- should’ve married and gone the CR-1 route. EAD wait times were long we’ll over a year ago. 

[Dashinka 24,504]

It sounds like they are not yet quite sure this position will be created yet.  Maybe you can make a deal with them, keep the K1, move, marry as soon as possible, file AOS as soon as possible (along with the I765) and then request an EAD expedite with a confirmed job offer.  Of course if they are willing to move forward with the L1 visa, then I would follow that route.

 

Good Luck!

[Coco8 1,042]

Quote

 I anticipate a long time to get my EAD, so if I can't work, I could lose the opportunity of the new job for A & B.

If you have the job opportunity when you file the EAD, ask for a letter from the company with the job offer and request an expedite on the EAD. This will be a few months down the line, so come back to the forum to look for information on how to do it. (It'd be once USCIS receives your package.) It won't be a lot faster, but it could be a bit faster.

 

Yes, L1 is possible. The company has to prepare the paperwork for you. It's a lot of paperwork. You just take it to your interview at the consulate and you are ready to go. Even if the company has to pay a law firm for this, if you have experience then it's small potatoes for them. It seems this is a big company. I'm not saying they will, just that you should ask and really push if you think you want it.

 

My partner had an L1 and it was a super fast process. It took a month between the time he sent the information to the lawyers and his stamp was on the passport. The lawyers will ask specific information like if you have a degree, stuff they have to put on the forms.

 

 

Edited November 30, 2021 by Coco8

[igoyougoduke 1,656]

if you want to work , you enter the US on L1 visa. in the mean time your visa situation is resolved. L1 should be valid for 3 years and further extension

 

once you are here, and decide to get married, you get married anywhere in US and than file I-130 and I-485. 

easiest route so you dont wait for anything.

 

When you have the opportunity for L1, do not go K1 route. its a hell hole of wait time and you cannot work in the mean time.

Edited December 12, 2021 by igoyougoduke