Frequently Asked Questions - L Visa
L-2 Visa (13)
- Permanent Employment with L-2 Visa with Valid EAD
- Change of status from L-2 to H-4
- L-2 visa and EAD processing
- L-2 visa application for spouse
- L-2 Visa without EAD
- Starting business on L-2 visa
- Wife work permit
- L2 Visa holder
- L2 Status
- L-2 as dependent turning 21
- Travel Outside The USA When A Case Is Pending
- Does H-4 Require a Prior USCIS Approval for Visa Stamping?
- Is it legal to work for a foreign based company in the USA?
L-1 Visa (26)
L-1A Visa (20)
- L-1A to EB-1
- L-1A Visa and Green Card Application
- L-1 A to Greencard
- I-94 Extension Time
- L-1A holders trying for EB-1
- Green card for L1-B or L1-A holders
- L1A-Blanket petition
- L1A to EB1 from outside USA
- Chances of L1A to EB1
- L1A Extension processing time
- Covid Coronavirus Question from Employers about Payroll for H-1B and others L-1, E, etc. employees
- Time of stay and definition of a manager/executive employee for L-1A and EB-1C
- Effect of L-1A Denial on Approved I-140 Green Card
- Effect of Salary Variations During L-1A Visa
- Current Immigration/Visa Options for Entrepreneurs
- Extension of Investor Visas, Religious Visas, Conrad 30 for Physicians
- Rules for Counting 6 Years of H-1B
- Dual Intent Visas and Filing green Card in Multiple Categories Simultaneously
- Can I postpone H-1 status
- GC in L1-A Visa
- Resigning Under L-1 Visa
- L-1 to GC
- Fresh H-1B After 6 Years
- Blanket L visas and I-129S
- Have valid L-1 Visa, but I-94 expires
- British citizen on L-1 visa
- L-1 visa from an affiliate
- L1A-Blanket petition
- Request Info for L1 visa to do business
- Covid Coronavirus Question from Employers about Payroll for H-1B and others L-1, E, etc. employees
- Loss of job/laid off during Covid/Coronavirus times
- What to do after an H-1B (or L-1) denial
- Must we maintain H-1 or L-1 status while I-485 is pending?
- The Impact of the NTA Memo
- Travel Outside The USA When A Case Is Pending
- Effect of Salary Variations During L-1A Visa
- Filing EB-1C, International Managers or Executives Green Card
- Current Immigration/Visa Options for Entrepreneurs
- Rules for Counting 6 Years of H-1B
- The Proposed I-140 EAD Rule - FAQ's
- Correcting dates on I-94
- Dual Intent Visas and Filing green Card in Multiple Categories Simultaneously
- Can I postpone H-1 status
- Traveling on a TN or L-1 Visa From Canada?
- Sister Filed Petition
- How to Enter The USA to Start A Business And Then Continue
- Licensing of Foreign Persons Employed by a U.S. Person
- Home Residency Requirement for Second Visa
- L-1 Blanket petition
- L-2 Visa without EAD
- Starting business on L-2 visa
- L-1 visa from an affiliate
- Wife work permit
- Parents B-2 Visa
- L2 Visa holder
- Moving to USA on L-1
- Denial of an L-1A
- H1 Visa
- L1A to EB1 from outside USA
- Chances of L1A to EB1
- L2 Status
- L1B to H1
- L2 EAD Renewal based on I -94
- L2 visa and EAD
- L1A visa and H-1
- L1A Extension processing time
- F1 visa to business visa or H1/L1
- L1B
- L-1B
- Request Info for L1 visa to do business
- L1 Visa
- L-2 for Fiance
- Convert L1B Blanket VISA to H1B
- L-2 as dependent turning 21
- L-2 to L-1 Visa
- L-1A visa eligibility and time spent in US
- L1 visa
- L-1B applying for green card
- Choices to work in USA
- May B-1/B-2, E-1, E-2, F-1, H-1, J-1, L-1 O-1 visa or TN holder apply for green card?
- When to apply for L-2 extension
- L-2 EAD and H-1
- L-2 to L-1 COS or Visa?
- L-1/H-1 COS Issues
- L-1 - H-1 COS issues
- Enter USA while Green Card is Pending on B-1, B-2/H-1 Visa
- Can I postpone H-1 status
- Using Obama's Immigration Action to Apply for AOS/EAD
You do not currently have the visa to work permanently. But, there is NO PROBLEM with you working on a permanent job on temporary basis.
H-4 holders can not use the EAD they received while on L-2. If you can, change to H-1.
You should apply (not the employer) for the EAD ASAP. Processing times are on USCIS web site.
Tell the truth. I see no reason why you need to worry. An L-2 is permission, not an obligation. She can come and leave as she pleases.
With an EAD, an L-2 can work anywhere including operating their own business and work as many jobs as they like.
Personally, I prefer the L-2 option for her. She can work AND go to school. More choices.
You need complete credentialing including a license.
Once you have the EAD you can work for anyone in USA, including a company that is not in USA.
Correct. Once you are 21, you cannot be on L-2 status.
Watch the Video on this FAQ: Travel outside the USA when a case is pending
Video Transcript
1. Yes, you can travel.
2. I don't know the exact local rules, but you have to go for visa stamping.
3. You should not go until the amendment is actually approved. More...
As long as you work full time and on the job described in your L-1B while you are INSIDE USA, it does not matter how long you stay outside USA.
Smaller companies can have a tough time getting an L-1A.
What you are asking me has nothing to do with US immigration laws. This is a matter for an employment lawyer in the state where you are working. Under US immigration laws, you can resign in USA any time.
You will need to apply for an H-1 through the employer you wish to join. You should be able to apply for a change of status as a part of that process.
The time taken for L-1B holder who applies through PERM is the same as for anyone else from the country you were born in. No special case here, unless yo convert to L-1A and go through EB-1.
1. L-1B visas do not permit part time employment.
2. I think 35 hours each week (full time). Part time is not permitted.
3. Part time is not allowed under L-1B.
Since A and B are not related, H-1B is the only obvious option to join B. B can start your green card even before you join, but it will not be EB1 (international manager/exec.).
You or any company not a part of the L-1A employer cannot apply for green card based upon your international manager/executive status.
Not entirely true. The GC IS for a future job. An employer CAN, based upon a good faith intention to hire you in the future, file a GC for you even while you are not working for them. But, an EB1 for an international manager/executive can only be filed by a company related to the company you worked for when you were outside USA.
It can take a few months. You can apply for premium processing even when the case is filed and pending.
L-1A holders should try under EB1. You could be done in a year.
Smaller companies can have a tough time getting an L-1A.
There is an exemption of time for people who come to USA and continue working with the same group of companies in USA. Their 3 years are counted back from the date they enter USA.
EB1 can be applied while you are outside USA. A new employer can sponsor only after you have worked for them for one year outside USA.
No, sorry. The basis of an International Manager's or Executive's EB-1 filing is that you must have been employed abroad with a related company for one year. Since you will not be able to meet that criterion, I do not see how that type of EB-1 can be filed through a new company.
L-1A extensions are very difficult unless you meet all the criteria.
Watch the Video on this FAQ: Current immigration/visa options for entrepreneurs
Video Transcript
A few options for Entrepreneurial Visas:
True. The EB-5, the religious visa programs and Conrad 30 waives for foreign physicians have been extended until 8 December 2017 pursuant to H.R. 601 – Continuing Appropriations Act, 2018 and Supplemental Appropriations for Disaster Relief Requirements Act, 2017.
Watch the Video on this FAQ: Rules for counting 6 years of H-1B
Video Transcript
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/R4-_pic6TzY?t=103
FAQ Transcript
See clip from Attorney Rajiv S.
1. You can apply for green card without any wait.
2.
1. You will have to exit and reenter OR apply for a change of status to
There is no problem with you paying the I-485 fees. But the employer must be involved to the extent that they need to provide a (truthful) letter evidencing continuity of your employment.
1. You will be subject to quota and USCIS will not accept the filing until one year is over.
2. Being outside for one year does give a fresh start on the L-1 times as well. And, L-1 are not subject to quota.
Upon expiration of the initial validity of the approved I-129S, a beneficiary may apply for an extension of his or her status with USCIS. If approved, the alien can continue to utilize his and her still valid visas for travel to the U.S. The approved extension of status application, not the initial I-129S, is proof to CBP of his or her eligibility for admission.
You can just get married and apply for a green card directly while you are still in USA. You can continue working on L-1. In 90 days or so, you should also receive your EAD, if you apply.
Interesting situation. Not having researched this issue, I am guessing, the only way you can qualify for the L-1 is if you can establish that the hotel in Spain was your "true" employer in that they controlled you, even though your salary was paid by the consulting company.
There is an exemption of time for people who come to USA and continue working with the same group of companies in USA. Their 3 years are counted back from the date they enter USA.
L-1 visas have progressively become more difficult for smaller companies. But I think it my be worth a try.
Watch the Video on this FAQ: Travel outside the USA when a case is pending
Video Transcript
1. Yes, you can travel.
2. I don't know the exact local rules, but you have to go for visa stamping.
3. You should not go until the amendment is actually approved. More...
Watch the Video on this FAQ: Current immigration/visa options for entrepreneurs
Video Transcript
A few options for Entrepreneurial Visas:
Watch the Video on this FAQ: Rules for counting 6 years of H-1B
Video Transcript
Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation?
Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.
Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/R4-_pic6TzY?t=103
FAQ Transcript
See clip from Attorney Rajiv S.
1. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level. The L-1 nonimmigrant classification - Intracompany Transferee Executive or Manager – enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send an executive or manager to the U.S.
That category takes 13-14 years. During the time you are waiting for your priority date to be current, you cannot stay in the USA just because your green card is pending. You can, however, stay or come to the USA under a visa independent of the green card such as L-1, H-1. You can also apply for a green card in several categories simultaneously.
There are several issues that should be examined before you can make an informed decision.
1. B visa or ESTA does not allow you to “work:”
When is a foreign person considered an employee?
If I remember correctly, 212(e), the HRR, does not apply till you actually use the visa.
As long as you work full time and on the job described in your L-1B while you are INSIDE USA, it does not matter how long you stay outside USA.
With an EAD, an L-2 can work anywhere including operating their own business and work as many jobs as they like.
Interesting situation. Not having researched this issue, I am guessing, the only way you can qualify for the L-1 is if you can establish that the hotel in Spain was your "true" employer in that they controlled you, even though your salary was paid by the consulting company.
Personally, I prefer the L-2 option for her. She can work AND go to school. More choices.
I dont see much difference in the two (as long as we are truthful with the consulate). Option b may be slightly better because you would already have the L/H visa.
You need complete credentialing including a license.
I am not sure it is worth the risk, either. You have no right to continue to live in USA if the company fails or lays you off. You can negotiate a large severance package, but that is all the protection you can get.
Your current approval is not invalidated by denial of an L-1A. You can use it.
This seems to be an issue of contract only. Immigration law does not stop you from changing.
EB1 can be applied while you are outside USA. A new employer can sponsor only after you have worked for them for one year outside USA.
No, sorry. The basis of an International Manager's or Executive's EB-1 filing is that you must have been employed abroad with a related company for one year. Since you will not be able to meet that criterion, I do not see how that type of EB-1 can be filed through a new company.
Once you have the EAD you can work for anyone in USA, including a company that is not in USA.
You will need to apply for an H-1 through the employer you wish to join. You should be able to apply for a change of status as a part of that process.
As far as I know, you will have to be here. Nothing can be done before that.
L-1A extensions are very difficult unless you meet all the criteria.
If you qualify, H and L visas are certainly more secure than an F visa.
The time taken for L-1B holder who applies through PERM is the same as for anyone else from the country you were born in. No special case here, unless yo convert to L-1A and go through EB-1.
1. L-1B visas do not permit part time employment.
2. I think 35 hours each week (full time). Part time is not permitted.
3. Part time is not allowed under L-1B.
L-1 visas have progressively become more difficult for smaller companies. But I think it my be worth a try.
Yes, looks like you can. The law only requires one year of employment out of the last three years.
Once the quota is full (as it is now) you can get an H-1 only for a job that is quota exempt (not just an employer that is quota-exempt)
Correct. Once you are 21, you cannot be on L-2 status.
Normally, you can apply for another status only while still in status. Once the existing L-1 term is over, getting a change of status within USA is difficult. You need to discuss your case with your lawyers.
Your time in USA must be compensated with extra time outside USA. If the time in USA is just a few days in a year, you should be fine with that formula. But, if the time in USA is too much (several months), things get much more complicated.
Generally speaking, 35 hours each week can be argued to be full time.
True. Converting to EB1 through an executive or a managerial job is the way to go. That way you can go thorough EB1 rather than PERM based process that takes several years.
The most obvious choices are H-1 and L-1 visas. Look into those. US laws are fairly stringent in visas. Good luck!
One of the questions I am asked quite frequently is whether or not an E-1/E-2 visa holder can apply for a green card and not jeopardize his or her E status. The answer is PROBABLY yes he can.
In the E visa context, this is what the govt says:
Quote:
9 FAM 41.51 N15 INTENT TO DEPART UPON TERMINATION OF STATUS
(TL:VISA-404; 04-29-2002)
I believe you have three choices. Add her L-2 extension/EAD to your L-1 extension in the same package; apply for your extension, wait for the receipt then apply for her L-2 extension/EAD; or apply for your extension, wait for the APPROVAL then apply for her L-2 extension/EAD (note that she must be in status when you apply for her L-2/EAD). I have listed these choices in the order of my preference.
1. Ans. It lapses upon change of status from the date the status is changed.
2. Ans. You cannot have H-1 and L-2 status at the same time. But on the L-2 EAD you can do both jobs.
3. Ans. Yes.
You can apply for COS. Even if L-1 is rejected, you can still maintain your L-2. In case of a visa rejection, you should be able to come back on L-2 visa or reapply for L-2 visa on the spot.
I think I have mentioned this in my blog earlier. Once the COS is approved and kicks in (October 1, 2008), he is NOT on L-1 hence the work on L-1 is illegal. This can have an impact on several things.
To correct matters, he must immediately reenter USA with an L-1 visa or apply for COS back to L-1.
Facts - I am on an L1 visa working for employer A and my wife is on L2-EAD. We both applied for H1 visa through Employer B and it got approved recently. I am not sure if Employer B (Consulting Company) has applied for COS while applying for both of ours H1 visa. Could you answer the following queries for both (COS applied and COS not applied) conditions during H1 application.
Questions
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=baprYGs8IzQ&t=782
FAQ Transcription
See clip from Attorney Rajiv S.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=QvnIAm0nQJ8#t=808
FAQ Transcript