L1-B Renewal & GC Application

[Sifflet]

Hello, I'm currenly in a project based in the US under an L1-B visa.

I have been approved for a company transfer from our Spain to US office, but my company wouldn't sponsor my Green Card application. My L1-B Visa expires on Jun 2012, and my company wouldn't sponsor it either. So essentially, they would move me to their US headcount/payroll, but would not pay for the work permit expenses.

1. If I pursue the transfer, I would need to renew my L1-B visa next year My company confirmed that they would take care of any paperwork and supporting documents, but I would have to pay for the costs (application, attorney fees, etc.).
In the US Visa Application Form (DS156), there is a question (#28) asking "Who Will Pay For Your Trip?" In the past, I would always put my company's name in any working visa application. And my name if it's a Tourist visa for personal use.

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How should I interpret this question? Can I still have my company apply for the renewal, but have me pay the costs (via their name), and would not cause any legal issues with US immigrations?

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Is it even allowed for persons to pay for the costs when it is for a working visa?

2. If I pursue the transfer, how soon can I apply for a Green Card? And how long before it could get approved? After my visa is renewed on Jun 2012, I could only get extended for another 2 years (Jun 2014).

3. Since my company wouldn't sponsor, can I still apply for a Green Card by myself? What are my chances of getting approved or denied? How much usually are the application fees?

 

[Nancy Mervin]

Hi Sifflet,

1.Only in case its extension for L2 applicant needs to file but if its L1B employer needs to pay and file for extension. Double check with your company.

2.Three years prior to filing Form I-140 you should be employed with the employer who is petitioning and one year of which in managerial or executive position. Along with labor certification which is valid for 180 days the petition should be filed and processed by USCIS.Also have the premium processing using Form I-907 along Form I-140 and within 15 calendar days the processing happens.Form I-140 filing fee is $580 and I-907 is $1225.

3.The US green card can be applied through family member, employment or marriage. A family member who is already a green card holder can petition for alien relative using the Form I-130 and once the priority date becomes current the alien can get the visa and enter US as green card holder. Next is through employer who has to petition and green card can be got either with or without labor certification. Lastly after an alien marries a US citizen or green card holder and is petitioned with Form I-130, the alien can adjust status to permanent resident after two years of successful marriage using Form I-485. Filing fee for I130 is $420 and that of Form I-485 is $985 apart from $85 for biometrics. Fastest approval depends on who the petitioner is, employer may work out fastest.

Good luck!