1. Is My L-1 Visa Already Out Of Status? Is My Employer Breaking The Law?
I’m working for a US holding company under L1 Visa. More than 6 months ago, another company purchased my subsidiary (both US & oversea offices). I requested the new company to change my visa to be under their sponsorship but they have been working on it for more than six months now and I still don’t know when the documents will be filed as every time I ask, I always get the same answer that they are gathering supported documents. So my concerns are: – Is my L1 Visa already out of status? – Is my current employer breaking the law by not making the transfer on time and still ask me to work for them? – If my Visa is already out of status, what are my options?
Mr. Lee Answers:
In your situation as I am given to understand, another company purchased the subsidiary of the holding company without making the holding company part of its company, and so the holding company is disconnected from the actual operating US and overseas offices. It seems a troubling situation, and it appears that the best option would have been for the purchasing company to make an L-1 amendment to put you in the US office or for the purchasing company to acquire the holding company. You may already be out of status, and perhaps the best option is for the purchasing company to make a late petition with explanation to change you to the subsidiary and hope that U.S.C.I.S. accepts the explanation. If not, you would have to leave the U.S. to consular process the L-1 assuming that the petition is approved.
2. Visa Process
Friend in Albania wants to come to USA. #1- Albanian passport. #2-apply for visa (B1/B2) – DS-160 form, setup interview. Is this the initial process? And correct visa? What if she wants to come permanently?
Mr. Lee Answers:
A person coming to the US for visiting purposes or other personal reasons would correctly apply for a B1/B2 visa on DS-160. An individual wanting to come to the US permanently should not be using a visiting visa, but a visa with dual intent such as H-1B or L-1 or be sponsored for permanent immigration through the family-based or employment-based categories.
3. My I-140 and I-485 Were Concurrent Filled. Can I Change Job If Both Forms Are Still Not Approved?
Mr. Lee Answers:
Where the I-140 and I 485 are concurrently filed, porting to a new job is possible after the I 485 has been pending 180 days. Determinative factors will be whether U.S.C.I.S. believes that the I-140 petition is approvable and whether the new job is in the same or a similar occupation.
