Legal Question in Immigration Law in California

Can a L1b visa holder apply for green card by himself without employer's assistance?


Asked on 10/08/09, 6:48 pm

3 Answers from Attorneys

Charles Medina Law Office of Charles Medina

If you want to apply under Eb-1C, you need employer's assistance. If other company is willing to sponsor your green card, you do not need to inform your current employer.

We suggest you to consult with an immigration attorney.

You may visit our website at www.medinalawgroup.net or contact us via [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

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Answered on 10/08/09, 6:53 pm

If you are able to self-petition as a person of extraordinary ability, then you may self-petition. Or, if you are able to invest in another type of company for a very large investment, then there is the Investor's Visa option. Otherwise, you would need the employer to assist you in sponsoring you for a green card through the PERM process, or if you qualify to be a Manager or Multinational Executive, then your employer may sponsor you for an EB-1C Multinational Manager or Executive. I would suggest that you consult with an immigration attorney to discuss the various options available to you. We may be contacted via email at [email protected] or 415-387-1364.

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Answered on 10/08/09, 7:29 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Not in the usual way that an L-1A multinational manager/executive is able to. It is possible you might qualify as an extraordinary ability alien which you could do without your employer, but it's likely that you would not have come as an L-1B to begin with if you were. It's far more common for extraordinary ability immigrants would first qualify for O-1 temporary status. From what you've described so far, the answer is that it is not likely for you to self-petition.

But to really know where you stand, you should seek consultation more directly than is possible via online services like this which tend to be limited and the law is rather complex. Also, sometimes people are initially categorized as L-1Bs when they should not have been and this can be corrected to make the transition to permanent residence easier. Finally, some extraordinary people are so humble that they don't avail themselves of the opportunities for that, in this case, possibly the O-1 with your current employer (though L-1 is easier paperwork than O-1, it's not as good a status for the employee at least).

As you can see, there are many considerations. If you would like to discuss this further with me, you can contact me via [email protected] or 818 609 1953.

Sincerely,

Alice Yardum-Hunter

Certified Specialist, Immigration & Nationality Law, State Bar of CA

Designated in "Super Lawyers" 2004-2009, "Los Angeles Magazine"

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Answered on 10/08/09, 9:16 pm


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