Immigration Issues/L1A

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Question
Hi

1) My L1A petition was approved and I went for visa stamping to Chennai. The officer said all documents were in order and that the visa is approved but my case needs administrative processing with an ETA of 8-10 weeks. Is this fairly common and do i have to be worried about it?

2) Once i enter the USA on an L1A, how soon can my company file for an adjustment of status for GC?

3) Once the adjustment of ststus is filed how soon can i switch jobs?

4) Can some other company file my adjustment of status?

5) What is more adviseable ( keeping GC in view) - that my wife work on an L2(with employment authorization) or try and get onto an H1B?

6) What are processing times for H1B now days ( my wife has completed 3 years on H1B already and is presently out of the country with no US status)

Appreciate your response.

Answer
Hi,

It is quite common for the Consulate to request additional documents prior to issuing the L1A visa stamp.

Your company can file the immigrant petition anytime (even prior to your entry to the U.S. in L1A visa status) if the company branch, subsidiary, or affiliate in the U.S. has been doing business in the U.S. for at least one year. See http://www.h1b1.com/lcmultinational.htm but please note that you are dependent upon your employer for the filing.

Only your L1A employer can file the immigrant petition, and you can adjust status based on employment by this company only.

Your wife can work on L2 visa status for any company, but then she is dependent upon you maintaining your L1A status. If she wants independent permission to be employed, then a company can file H1B petition for her. However, in order to maintain H1B status, she can work only for a company which has successfully filed an H1B petition for her. Allow about 3 months for H1B petition to be approved after filing.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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