Immigration Law In The Workplace
Rajiv S. Khanna
(Published in The Practical Lawyer, Dec. 2009
A publication of American Law Institute-American Bar Association)
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My husband and I work for a large MNC with big presence in US and India. His L1A application has some RFE which he is working on. In case it gets rejected can he move to L2 without leaving the country? Can I apply for his L2 now even though his L1A is under processing? If so how long will it take for it to get approved and come back?
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.
If during the one year overseas employment period, the overseas company sends me to US on a B-1/B-2 visa for brief tenures several times in the year, does that period of stay in US on B1/B2 visa, how so ever short it may be, also count towards calculating the overseas employment tenure of at least one year in preceding three years prior to filing L-1A petition.
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.
It seems that to qualify for an L1-A Visa, one has to be employed overseas by the same employer for a year on a full time basis. How would you define "full time"? Does a work schedule of 4 days a week qualify?
Generally speaking, 35 hours each week can be argued to be full time.
My company applied to change my status from L1B to L1A at the same time as filing my GC application. It was approved and the GC only took about 5 months
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.
I am graduate B.A and I am married having one daughter of 2.8 yrs old . I want to to work in u.s.a -I can do any type of work . I want to immigrate with my family ( me ,my wife and my daughter ) .Till today I was doing import business from china from 2004 and visiting every month to china from 2004 to china for buying of goods from there and then selling it in india but due to some little bit loss i will have to stop my business . I have everything viz income tax dox , balance sheets etc. Sir now i want to immigrate to u.s.a and want to do job -any type .
The most obvious choices are H-1 and L-1 visas. Look into those. US laws are fairly stringent in visas. Good luck!
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?
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)
My employer is in the process of extending my current L1 status for another 3 years. Current I94 is due to expire on June 20, 2009. My wife is on L2 and employed with an EAD valid till June 20, 2009. How can she extend her EAD at the same time as my L1 is being extended? My company lawyers will not handle extending her EAD. Please advice.
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. I am contemplating switching from H-1B status (in Year 4) to an L2 status (wife holds L1B status) and then applying for EAD. After I receive the EAD (receipt of application sufficient for starting work?), (1) am I allowed to hold on to my current H-1B status or does it automatically lapse upon conversion to L2?
2. Can I hold a CAP-EXEMPT H-1B with an academic institution/ think-tank etc CONCURRENTLY with the L2, (3) work as an independent contractor (1099)?
3. Does EAD allow one to be do multiple things as a free-lance professional?
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.
Hi...i have a question...i came to US on my L2 visa and am here for 1 month.meanwhile my company has initiated for my L1b visa in India..now my question is...
1. Should i have to travel back to my native for Visa stamping or i can apply for COS from L2 to L1B in US itself?
2.Since i already own L2 visa is there any chance that my L1B is rejected?i have been working in the company for 1yr and 2 months only now.
3.in case if my L1b is rejected is there will be any impact on my already approved L2 visa?can i come back to US again using L2 visa?
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.