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  1. #1
    Join Date
    Aug 2014
    Posts
    3

    Post Can You Get a L1 Visa While Petitioning for a Marriage-Based Green Card

    Hello,

    My boyfriend is a permanent resident in the US (has a green card). He has not had it long enough to apply for citizenship. If we marry and submit an application for me to come to the US as his spouse, I will fall under the second preference visa category (spouse of permanent resident), which can have a wait of over a year to get approved.

    1) Am I able to be in the US for any amount of time (either for work trips or as a visitor) while waiting for my approval? I should be able to demonstrate that my visits are either work related or of a tourist/visitor nature (assuming US customs has handled this situation often enough...).

    2) I met my boyfriend while I was living in the US for work. If my employer has work for me in the US, could I return to the US under an L1 or H1 visa at the same time that my application to join him as a spouse is being processed? Or can you only pursue one or the other (family visa vs work visa)?

    Thank you

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Can You Get a L1 Visa While Petitioning for a Marriage-Based Green Card

    As long as a person is using a "dual intent" (working and immigrating), there is no problem working in the US while awaiting green card priority date. B1/B2 visas are NOT dual intent while H1B and L1 are.

    A person can have more than one path to a green card active. In your case, a family sponsored visa is likely to be much faster.

    The only problem you face at this time is that the H1B quota is filled for this year. If you were previously on H1B and have not maxed out your allowable stay, any employer can file a new petition on your behalf. L1 has other requirements which likely limit you to your current employer. I suggest that you discuss your situation with your supervisor and HR.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Get a L1 Visa While Petitioning for a Marriage-Based Green Card

    Read this.

    If you qualify for a dual intent visa, such as H1B or L1, and you are presently working for an employer that you anticipate may be able to provide L1 or H1B work for you inside the United States, I suggest making sure that they know of your actions and seeing if you can discuss your plans with their immigration lawyer. If you're speaking of a prospective future employer, I suggest discussing the details of your situation with your own immigration lawyer such that you can anticipate and try to avoid any problems.

    The I-130 is going to be evidence of intent to immigrate, which complicates obtaining or entering on a non-immigrant visa such as a tourist visa (and may result in denial, or your being turned back at the port of entry).

  4. #4
    Join Date
    Aug 2014
    Posts
    3

    Default Re: Can You Get a L1 Visa While Petitioning for a Marriage-Based Green Card

    Thank you both.

    @T53147: My previous visa was L1, and my supervisor is aware of/supports my interest in returning at some point. I am curious about your comment about maxing out the allowable stay. Does that also apply if I did not max out my allowable stay on L1? My duration in US was 32 months, with no extensions filed. The reading I did indicated that a person needed to be in the foreign office one continuous years out of the last three years before being eligible to apply for an L1 or H1 visa, which I assumed was also a requirement for individuals who had previously held visas.

    @ Mr. Knowitall: Would an I-130 make it difficult for me to travel to the US for work purposes?

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