Can US entity of my company sponsor me for L1 while I am in administrative processing?

[MRJ9987 31]

I got interviewed for CR1 today and unluckily got handed DS-5535.  I'm with MTL consulate so I will be lucky if this resolves in one year  

 

Before this happened, my company seemed eager to have me work for their US entity.  If they are willing to sponsor me for L1 visa, would the fact that I am in AP be an issue?  

 

How would I go on about obtaining green card / citizenship from there?  

[SalishSea 17,980]

3 hours ago, MRJ9987 said:

I got interviewed for CR1 today and unluckily got handed DS-5535.  I'm with MTL consulate so I will be lucky if this resolves in one year  

 

Before this happened, my company seemed eager to have me work for their US entity.  If they are willing to sponsor me for L1 visa, would the fact that I am in AP be an issue?  

 

How would I go on about obtaining green card / citizenship from there?  

The issues that invoke admin processing are the same regardless of what visa type you’re seeking.

[MRJ9987 31]

2 hours ago, SalishSea said:

The issues that invoke admin processing are the same regardless of what visa type you’re seeking.

Thanks for your insight. Would you suggest against trying to obtain this visa?  

[SalishSea 17,980]

1 hour ago, MRJ9987 said:

Thanks for your insight. Would you suggest against trying to obtain this visa?  

No.  I’m suggesting it isn’t a way to bypass administrative processing.

[appleblossom 2,816]

9 hours ago, MRJ9987 said:

I got interviewed for CR1 today and unluckily got handed DS-5535.  I'm with MTL consulate so I will be lucky if this resolves in one year  

 

Before this happened, my company seemed eager to have me work for their US entity.  If they are willing to sponsor me for L1 visa, would the fact that I am in AP be an issue?  

 

How would I go on about obtaining green card / citizenship from there?  

Not sure how it will help, as said above you’re likely to be put in AP for the L visa too. 
 

As for green card/citizenship you’d just carry on with your original plan and get the GC via your spouse. 

[mam521 2,113]

On 1/30/2024 at 6:18 AM, appleblossom said:

Not sure how it will help, as said above you’re likely to be put in AP for the L visa too. 
 

As for green card/citizenship you’d just carry on with your original plan and get the GC via your spouse. 

Canadians aren't required to go through a typical consular processing path for L1 blanket petitions.  They are able to go directly through a pre-inspection point at the airport, where the I-129S is filed with CBP.  CBP take a copy of the packet and send it into USCIS, collect the fees and send you on your way.  The worker receives the I-797 once they have already been admitted into the US.    

 

I believe the difference in the blanket processing is attributable to the NAFTA agreement between the countries.  I'm not sure how that influences AP in the bigger picture, but any processing between entering the US and receiving the I-797 are done in the background and, at least in my experience, I didn't hear anything until the lawyers sent the I-797 to me to file for my records and the detatchable portion that was required to be carried with my passport was affixed to my passport.  Similar experiences for my L1 colleagues from Canada.  

[MRJ9987 31]

32 minutes ago, mam521 said:

Canadians aren't required to go through a typical consular processing path for L1 blanket petitions.  They are able to go directly through a pre-inspection point at the airport, where the I-129S is filed with CBP.  CBP take a copy of the packet and send it into USCIS, collect the fees and send you on your way.  The worker receives the I-797 once they have already been admitted into the US.    

 

I believe the difference in the blanket processing is attributable to the NAFTA agreement between the countries.  I'm not sure how that influences AP in the bigger picture, but any processing between entering the US and receiving the I-797 are done in the background and, at least in my experience, I didn't hear anything until the lawyers sent the I-797 to me to file for my records and the detatchable portion that was required to be carried with my passport was affixed to my passport.  Similar experiences for my L1 colleagues from Canada.  

Thanks for your explanation.  That is very helpful.  I've approached my company and they are speaking with their US office about the possibility of sponsoring me for L1B.  My husband and I are also meeting with lawyers on Tuesday about the AP (although don't know how much they can do) but I will ask them about the work visa.