Legal Question in Immigration Law in New York
my friend has an L1A visa. He wants to get a green card. What are his options if he stay with his company? what are his options if he leaves his company? He would like to change jobs? Is that possible?
3 Answers from Attorneys
under certain circumsatnces, an employer can file a petition for green card for a person on L1A visa.
Change of employer is possible, also with certian limitation and conditions.
your friend should consult an immigration lawyer to assess his case based on his personal circumstances.
Should you have further questions, you can contact my firm.
Since the L-1A obviates the need to file a PERM for your friend (it allows your friend to skip the recruitment process and go directly to the second step of the green card process), his/her Company's concerns including (i) recruitment results vs. the number of unemployed U.S. workers and (ii) the status of the economy vs. potential future layoffs in a related occupation are not concerns for your friend's green card application in particular.
Portability (change of employer) may also be an option.
Your friend should keep in mind that the maximum time allowed in L-1A status is 7 years (without the possibility of extension unless your friend spends one full year abroad).
As such, your friend should consult immediately with a qualified immigration attorney who regularly deals with employment-based issues such as this one.
Please have your friend contact me at his/her earliest convenience.
Disclaimer: Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with your friend further by way of telephone or in-person consultation.
www.meyner.com
www.corporateimmigrationlaw.com
http://blogs.ilw.com/h1bvisablog/
I would need more information regarding your particular case before I could comment on it properly.
However, getting a green card is not as simple as it looks.
What do you mean when you asked what are his options if he stays with his company?
I do not know the relationship between him and the company?
You write he would like to change his jobs, he would need permission from the immigration service to do so. The new company would also have to apply for him to transfer over to them.
Patricia Martin-Gibbons