In the US changing from Int. Company A (L1-A) to US Company B (green card, lottery)
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I am employed by a International company A, and been in the US on an L1-A visa on a long term project since July 2009.
Subtracting the time spent outside of the US I have 711 days remaining of the 7 years permitted on my L1-A
US company B has offered me permanent employment on the provision that they could obtain an appropriate visa and start processing my GC.
Question:
1) What are the steps that US Company B need to take
2) How long would that take and would I be permitted to remain in the US while this is being processed.
I think they need to file an H-1B work VISA, which is typically filled April 1st, and employment would start October 1st under that VISA, which is valid for three years and can be extended for another three years. It is submitted on April first because it is when the they open new allowance on the quota and they are usually filled in in the first days.
You would be allowed for three years, and could extend for another three (with no quota) and finally a last extension while (if) the green card is being processed. I it is a very important part to get an negotiated (written) agreement on the timeline of when they would start the GC before accepting the position, some will say that they want to wait the most they can, so they don't spend money and get the employee tied to the company. There is no legal need to wait three or six years to start, just the money issue since it is expensive process, it is like relocation that they may agree to a prospective candidate.
The new company are filing for the H-1B, PERM and permanent residence immediately.
I have been working with this new company for the past 5.5 years, and intend staying with them - I offered to sign a contract with them for 3 to 5 years.
If I may ask, why company A didn't sponsor your GC?
My current company would like to keep me employed and assigned in the UK (they have no current projects in the US), whereas I would like to work and reside in the US.
Note that the time spent in L-1 status counts toward the 6 years' limit on the H-1B. Also, unless Company B is quota exempt, if your petition didn't get in the first week of April, you're out of luck for this year. If it did get in, well they received 230,000 applications for 85,000 slots. So the ones to fill the 85K spaces will be chosen by lottery, and the rest returned and must wait to try again next year.
My H-1B was submitted on 1 April 2015, but did not make the lottery.
My ETA Form 9089, Application for Permanent Employment was submitted to the Department of Labor on 8th Dec 2015.
DOL’s current PERM processing time is approximately 6 to 8 months.
My priority date is December 8th, 2015.
Hoping to have Advance Parole (travel and work authorisation) in the fall of this year.
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