K1 in process, now possibility of L1

[vanessaandbrent 0]

I knew this would happen!

I have been waiting and waiting for 5 months for an appropriate opportunity to transfer within my company on an L1 visa (from Costa Rica to FL). Nothing came up, so we started the K1 process instead. Now, not even a month after we filed the petition, the job I want has come up! ARGH - damn those evil powers who play with us!!

So my question is:

My understanding is that you can file an immigrant petition and a non-immigrant petition at the same time (not sure if that's true), however I'm pretty sure L1 is "dual intent" or at least it was, so does that negate the "two at once" theory?? Anyone have a clue?

If i'm not being clear let me know - very frustrated right now!

[athena_ny 1]

I knew this would happen!

I have been waiting and waiting for 5 months for an appropriate opportunity to transfer within my company on an L1 visa (from Costa Rica to FL). Nothing came up, so we started the K1 process instead. Now, not even a month after we filed the petition, the job I want has come up! ARGH - damn those evil powers who play with us!!

So my question is:

My understanding is that you can file an immigrant petition and a non-immigrant petition at the same time (not sure if that's true), however I'm pretty sure L1 is "dual intent" or at least it was, so does that negate the "two at once" theory?? Anyone have a clue?

If i'm not being clear let me know - very frustrated right now!

L-1 is a non-immigrant visa, not a dual-intent visa. It's valid for up to 7 years, but if you come here with intent to marry and adjust status, that could be a potentially very sticky situation...

[Fandango 1,439]

I knew this would happen!

I have been waiting and waiting for 5 months for an appropriate opportunity to transfer within my company on an L1 visa (from Costa Rica to FL). Nothing came up, so we started the K1 process instead. Now, not even a month after we filed the petition, the job I want has come up! ARGH - damn those evil powers who play with us!!

So my question is:

My understanding is that you can file an immigrant petition and a non-immigrant petition at the same time (not sure if that's true), however I'm pretty sure L1 is "dual intent" or at least it was, so does that negate the "two at once" theory?? Anyone have a clue?

If i'm not being clear let me know - very frustrated right now!

L-1 is a non-immigrant visa, not a dual-intent visa. It's valid for up to 7 years, but if you come here with intent to marry and adjust status, that could be a potentially very sticky situation...

Yes, agreed with Meow mix....I'd say speak to an atty.

[payxibka 10,045]

The L-1 is a non-immigrant visa, although the doctrine of "dual intent" is recognized for persons with L-1 status. Dual intent means that the L-1 holder can simultaneously intend to work temporarily in the U.S. for now, but permanently at some date in the future. Since the L-1 also does not presume immigrant intent, its holder may have an immigrant visa petition pending while he/she remains in L-1 status

http://www.immigrationservicesatl.com/immigration-law.shtml

Edited October 12, 2007 by fwaguy