Do I qualify for L1 VISA?

I am currently working in a job in Canada for an international company. I am getting married in August and my Fiance lives in the US. We were planning on living in Canada but she got a great a big p...

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Canadian Expatriate and Travellers Forum Index -> Canadians in the USA -> US Visas and Immigration

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DumbCanuck
Junior Member

Joined: 01 Jun 2008
Posts: 11
Location: Montreal

Posted: Mon Jun 02, 2008 3:39 am

I am currently working in a job in Canada for an international company. I am getting married in August and my Fiance lives in the US. We were planning on living in Canada but she got a great a big promotion so she wants to stay in the US (She is a US Citizen). Th e company I am working for is willing to transfer me to the US. I work as an Application Specialist for and engineering based Software company. I have a Diploma of technology and about 10 years of experience in the Engineering industry.

1. Does this qualify me as a worker of Specialized Knowledge?

2. How does a Canadian apply for an L-1 at a POE?

3. L-1's are Dual Intent? So if I plan on staying in the US for the long term can I apply for PR?

4. If my L-1 application is denied is there a possibility of being denied the ability to cross the border to attend my own wedding in August?

I will probably have more questions but that's all I can think of for now.

Thanks in advance a real
Dumb Canuck

Reba
Moderator

Canuck in NC

Joined: 16 Jul 2004
Posts: 1172
Location: North Carolina

Posted: Mon Jun 02, 2008 2:53 pm

1. Does this qualify me as a worker of Specialized Knowledge?
How long have you worked for this particular company?

2. How does a Canadian apply for an L-1 at a POE?
At the POE. Make suer you have absolutely everything with you, they're sticky about paperwork.

3. L-1's are Dual Intent? So if I plan on staying in the US for the long term can I apply for PR?
You can adjust your status based on your marriage as soon as you have your marriage certificate.

4. If my L-1 application is denied is there a possibility of being denied the ability to cross the border to attend my own wedding in August?
Yes, there is that possibility.
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DumbCanuck
Junior Member

Joined: 01 Jun 2008
Posts: 11
Location: Montreal

Posted: Mon Jun 02, 2008 3:13 pm

1. I have worked for this company for a year June 15 and would be applying sometime in mid July. I have a specialized knowledge in engineering field procedures and proprietary software and hardware.

2. This is not done very often in the company I am working with and it's kind of on me to set up the paperwork. Should I use a lawyer to fill out the paperwork. Or just work closely with my superiors in the company.

3. Oon the I-129 I think it is it is blasted with NONIMMIGRANT. Is the L1 for sure Dual Intent?

4. Would it be better to get married then a month later apply for the L1? As to not risk the wedding?

Thanks

Steven
CanuckAbroad VIP

Joined: 28 Sep 2007
Posts: 1112
Location: Calgary

Posted: Mon Jun 02, 2008 3:15 pm

1. Yes, most likely.
2. You need proof of the transfer and proof of the connection between the two different offices, i.e. one controls the other and proof you've worked for them at least a year and you do the application at the POE, costs $820.
3. Yes.
4. Honestly I don't know why you don't go for a fianceé visa instead, get it all over and done with in one go.
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Steve.

DumbCanuck
Junior Member

Joined: 01 Jun 2008
Posts: 11
Location: Montreal

Posted: Mon Jun 02, 2008 3:40 pm

Steve,

I am getting married in august if I apply for a Fiance Visa. Would that make it harder to get across the border to get married? (if not processed in time) I don't want to get stuck not being able to cross the border.

Thanks

Steven
CanuckAbroad VIP

Joined: 28 Sep 2007
Posts: 1112
Location: Calgary

Posted: Mon Jun 02, 2008 8:31 pm

Well obviously they take time to process, but it seems a bit odd to me to do L-1B and then do an I-130 to adjust status after you get married, when you know you are entering to get married. Not sure of the legality of it, but definitely if that comes up when you apply for an L-1B it's going to get awkward.

http://travel.state.gov/visa/immigrants/types/types_2994.html

Your real problem is the EAD, because it takes 90 days to process after you apply. So yeah, L-1B and apply for change of status might be the thing to do if you can get away with it, personally I would have scheduled the marriage after I got my visa! Saves on the application fees if nothing else.
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Steve.

DumbCanuck
Junior Member

Joined: 01 Jun 2008
Posts: 11
Location: Montreal

Posted: Tue Jun 03, 2008 2:23 am

Well that's the thing we weren't going to stay in the US. She was going to come to Canada. So it's like starting the process all over again.

The L1 is "dual intent" and if I am being transfered by my company to be with my fiance because there is a job opening that isn't lying. I am just optimizing an opportunity I believe. But then again I am not a USCIS official.

Thanks

Reba
Moderator

Canuck in NC

Joined: 16 Jul 2004
Posts: 1172
Location: North Carolina

Posted: Tue Jun 03, 2008 3:10 am

4. Would it be better to get married then a month later apply for the L1? As to not risk the wedding?

No, because then the marriage could result in denial of your L1.
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