Need Visa Help ASAP

[hezzy]

Five months ago my husband (through his US based employer) applied for an EB-1 Visa. We still have not heard back but need to get to the US next week to get settled before school etc. Can he apply for L1 at airport even though he already has EB1 application in the works? Also, if he gets the L1, can I follow him a week later and get an L2 without him physically being with me? I assume I would need copy of marriage certificate at least.

[Reba]

He should contact his employer and/or the lawyer who is handling the EB1 visa to find out what the hold up is.

I don't think he'll be able to apply for L1 with the EB in processing. But whoever the lawyer is should be able to answer that.

[Steven]

Well you're not going to get an immigrant visa in five months unless it's a "national interest" visa which are granted by return mail almost.

For EB-1, USCIS need to check to make sure he qualifies for it, because it is a highly qualified visa that requires you to show exceptional skills.

USCIS currently work on a six-month turnaround, plus the time in the mail to the consulate, plus the time to schedule the immigration interview, so you're looking at seven months minimum usually, provided everything is in order with the paperwork.

If he's not in the US, they've put a foreign address on the I-140, so you have to apply for a visa before you can enter. I suppose you could do L first but you can't adjust status from it because of the way they've applied (unless they can amend the address and it sounds a bit late in the day), you'd have to leave, do the interview, get the visa and then re-enter.

You can get L-2 without him being with you, you basically need a copy of your marriage certificate to prove the relationship and a copy of his I-94 to prove he's been granted L-1 status.