My company may help me apply for an L-1 Visa, should I cancel my K-1? (merged)

[herecomestherain 77]

I let my employer know about my intent to eventually move U.S. and they told me they don’t want to lose me and are considering helping me get an L-1 visa.

 

I am currently in AP (DS-5535) for my K-1.

 

Can I apply for the L-1 while I wait?

Do I have to cancel the K-1 and transfer to L-1?

Would my L-1 be hit with the same DS-5535? I work in STEM and would be doing a STEM job. I think my DS-5535 was because of my work.

 

 

[Boiler 45,482]

Let then both roll, no need to cancel.

[JeanneAdil 6,498]

when u come to the US on the K1 ,  you can not work until the AOS process is finished and you have the EAD to work (looking at 8 months or more to be able to work)

 

L1 requires a lot of paperwork , but let the company go for it if they are willing to pay for a US  lawyer /  this process also is not fast and the CO could say ds 5535 needs to be completed before the visa is given as that has already started /  up to the CO who interviews 

but coming on the L1 would allow u to work

 

Is your employer qualified as doing work in the USA ?  they to be licensed to work here

 

u need to weigh both options and decide 

Edited May 31, 2022 by JeanneAdil

[SusieQQQ 11,586]

you can have both side by side.
Don’t cancel anything until you have entered the US on one of the visas. Then you can withdraw the remaining petition. 
Remember:

On an L1 you can work and marry your fiancé 

on a K1 you can marry your fiancé but you won’t be able to work for 8 or so months, maybe longer 

 

[STO Overland 137]

If your employer is willing to pay for L1 and has a blanket I-129 petition, it will be the quickest way to get to the US and definitely the quickest to start work. I was able to get a L1 in my passport within 4 weeks of applying (London) and that included Christmas and New Year.

 

At the time of L1 application, I was married to a US citizen (still am) and after 4 years of being here on a L1, we decided to AOS from the L1 based on marriage. There were no issues needing an EAD and AP however I applied for EAD anyway, just in case I lost my job during the AOS process and I continued to travel on my L1 during AOS without fear of "abandoning" the application.

 

The other consideration, if you are on L1, get married and then wait for a couple of years before AOS, you will get the 10 year GC and not need to ROC.

 

Good luck

Edited May 31, 2022 by B52Boozer

[SusieQQQ 11,586]

@B52Boozer ah, I thought blanket petitions were fast but didn’t realize they were that fast! Good info. 
 

[STO Overland 137]

14 minutes ago, SusieQQQ said:

@B52Boozer ah, I thought blanket petitions were fast but didn’t realize they were that fast! Good info. 
 

Indeed, it would have been faster than 4 weeks but I was settling work affairs in previous country (India) and then flew home to see family over the holiday period before flying on to the US. 

[SalishSea 17,824]

11 hours ago, herecomestherain said:

I let my employer know about my intent to eventually move U.S. and they told me they don’t want to lose me and are considering helping me get an L-1 visa.

 

I am currently in AP (DS-5535) for my K-1.

 

Can I apply for the L-1 while I wait?

Do I have to cancel the K-1 and transfer to L-1?

Would my L-1 be hit with the same DS-5535? I work in STEM and would be doing a STEM job. I think my DS-5535 was because of my work.

 

 

Vetting will be the same.  Obtaining a visa in a different visa class doesn't change the background check process.

[herecomestherain 77]

Long story short I applied for the K-1 visa about two years ago. I had my interview in March and was put into administrative processing. We filed a writ of mandamus to finalize this process. I let my employer know I’ll be leaving soon and they would like to offer me an L1 visa instead.
Has anyone ever switched from K-1 to L1?

Is it possible to apply for to visas at once? Any advice would be really appreciated.

[JeanneAdil 6,498]

you do not switch from one to another 

is the AP finialized and approved for the visa?

if your K1 is finally approved,  u can not work until u get the AOS process finished

but he can apply for it if you are still waiting 

Are u still in AP? 

[arken 4,197]

20 minutes ago, herecomestherain said:

Has anyone ever switched from K-1 to L1?

There is no switching. Your employer can file a L1 petition for you and if approved you can apply for the L1 visa then. It has nothing to do with K1. Whichever gets approved first, you can go with that. Depending on your country and the reason behind this years long lengthy AP, you could be put on similar AP again.

Edited July 27, 2022 by arken

[herecomestherain 77]

9 minutes ago, arken said:

There is no switching. Your employer can file a L1 petition for you and if approved you can apply for the L1 visa then. It has nothing to do with K1. Whichever gets approved first, you can go with that. Depending on your country and the reason behind this years long lengthy AP, you could be put on similar AP again.

Sorry just want to be clear- They can petition for L-1 won my behalf while my K-1 is pending? I’m in Canada and I think my AP is related to my employment in a scientific field. I’ve only been in AP since March.

Edited July 27, 2022 by herecomestherain

[Boiler 45,482]

K1 from Canada is odd so many better options

 

Anyway go for a L, when did you file the WoM?

[JeanneAdil 6,498]

i believe this case is going thru the ds 5535 and that makes a difference for any visa approval

 

[arken 4,197]

27 minutes ago, herecomestherain said:

They can petition for L-1 won my behalf while my K-1 is pending

 

31 minutes ago, arken said:

Your employer can file a L1 petition for you and if approved you can apply for the L1 visa then. It has nothing to do with K1.

 Like i said your K1 has nothing to do with L1 petition if your emoloyers files for it. It will be processed in its own. You may need to disclose it during visa application process but usually won't be impacted by it during the visa interview. Just pointing out that you could still be stuck at  a new AP after L1 visa interview depending on the reason behind the ongoing AP.

Edited July 27, 2022 by arken