L1A to Greencard, with another company

[fflores]

Hi,

I'm currently on a L1A visa (sponsored by compnay "A"). But I've been interviewing and there's a company "B" that is willing to sponsor my Greencard.
The question is: how would the transition period work? If B starts processing my GC while I'm still working for A (they're aware of the situation and will try to help as far as they can), can I start working for B immediately or I need to wait for the GC to be approved?

Thanks!

[raghvi]

Hi,

I'm currently on a L1A visa (sponsored by compnay "A"). But I've been interviewing and there's a company "B" that is willing to sponsor my Greencard.
The question is: how would the transition period work? If B starts processing my GC while I'm still working for A (they're aware of the situation and will try to help as far as they can), can I start working for B immediately or I need to wait for the GC to be approved?

Thanks!

On what visa are you going to work for company B?

[fflores]

On what visa are you going to work for company B?

That's the doubt, does the GC application gives me a "status" that allows to me work? J1 would be a temporary option as well...
Otherwise, I guess I'll have to work for B overseas until the GC is approved.

[raghvi]

That's the doubt, does the GC application gives me a "status" that allows to me work? J1 would be a temporary option as well...
Otherwise, I guess I'll have to work for B overseas until the GC is approved.

GC is being filed under which category EB1/EB2/Eb3? Whats your Country of birth?


Merely having a pending GC application doesnt give you a valid status. J1 has its own requirements.

This is my opinion not legal advice.

[fflores]

GC is being filed under which category EB1/EB2/Eb3? Whats your Country of birth?


Merely having a pending GC application doesnt give you a valid status. J1 has its own requirements.

This is my opinion not legal advice.

GC filled under EB1, I'll manage people; so it looks like I'd need to keep working for A (or leave the country) until the GC application filled by B is approved... I'm a Spanish citizen.

[raghvi]

GC filled under EB1, I'll manage people; so it looks like I'd need to keep working for A (or leave the country) until the GC application filled by B is approved... I'm a Spanish citizen.

Yes that is right. EB1 is current for all so you should be getting it pretty soon. Have you worked with the employer B for at least 1 Year outside US in a managerial capacity?

This is my opinion not legal advice.

[fflores]

Yes that is right. EB1 is current for all so you should be getting it pretty soon. Have you worked with the employer B for at least 1 Year outside US in a managerial capacity?

This is my opinion not legal advice.

No, I haven't, so no L1A with company is possible . The option we are thinking about is ask for a J1, and apply for a GC under EB1, but we have doubts about how USCIS will see this L1A-J1-GC mess.

Btw, thanks A LOT for your help, raghvi, I really appreciate your comments.

[raghvi]

No, I haven't, so no L1A with company is possible . The option we are thinking about is ask for a J1, and apply for a GC under EB1, but we have doubts about how USCIS will see this L1A-J1-GC mess.

Btw, thanks A LOT for your help, raghvi, I really appreciate your comments.

Even for EB1 in Mangerial/executive capacity with Employer B you would need to have worked with them out of US for 1 Year. Why not try EB2 with Employer B? For Spanish citizens (born in Spain) EB2 is also current.

This is my opinion not legal advice.

[fflores]

Even for EB1 in Mangerial/executive capacity with Employer B you would need to have worked with them out of US for 1 Year. Why not try EB2 with Employer B? For Spanish citizens (born in Spain) EB2 is also current.

This is my opinion not legal advice.

You're totally right, I forgot about the 1 year requirement