I am currently on B1 visa, here to oversee acquistion of a company. Once the American company is acquired by my employer, my employer wants to sponsor L1 visa for me and my family. What would be best way to do it? What would be best time for employer to file my I129 form and also would i907 help in expediting my case?
If you meed the requirements of the L-1, the employer can sponsor
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The L-1 petition can be filed as soon as the acquisition is complete, and the I-907 will result in your petition being adjudicated within 15 days (as opposed to 3-4 months). Your employer should retain immigration counsel to prepare the L-1 petition as a great deal of supporting documents are required regarding your position abroad, your position in the U.S. and the corporate relationship between the two entities - not having everything right will result in additional delays.
Assuming both you and your US employer otherwise meet the L-1A category's requirements, the "best time" to file is ASAP. A premium Processing Service filing will make you hear back from CIS within 14 business days (usually with a huge RFE) instead of in 2-3 Months.. Hopefully hiring competent and experienced counsel..
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Seems you have the qualifications. Yes, as soon as the US company is acquired and you have a contract from Employer then you can file the I-129 petition with PP fees. The length of status depends on your title ( managerial or essential worker) 5-7 years respectively. Good luck.
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I would recommend your employer retain immigration counsel ASAP, even BEFORE the acquisition, so as to make sure there is a qualifying relationship between the foreign employer and the newly acquired US company. Sometimes the way corporate acquisition documents are drafted may interfere with the ownership AND control aspects, which make or break an L-1 visa. With similar clients, I insist on being involved even before the acquisition so I get a chance to optimize the corporate structure in a way that meets both corporate and immigration goals. For this task you ideally want a lawyer who does both Corporate Law and Immigration Law.
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