I am on L1A visa. My employer doesn't file GC.
#1) How can I initiate this process by my own?
#2) My wife is on L2 and she has applied for EAD. Once she gets her job on EAD, can her employer file GC?
Appreciate your response. Thanks in advacne
You most likely can't file without your employer, unless you fit into a few exceptional catagories. You may want to take your resume with you for a review by an immigration attorney to discuss your best options. If your wife's employer is willing to file an employment based greencard on her behalf, the employer could do so, and you could be included as a derivative.
1. You can find another employer who is willing to file an employment-based petition on your behalf while you continue to work for your present employer on an L1A. You are not obligated to work right away for the employer who will sponsor you for the green card. The employment is prospective so you need not work for this employer now but there should be an employer-employee relationship once your green card application is granted.
2. Yes. She can apply for the green card on her own merit.
Mary Carmen R. Madrid Crost can be reached at the: Madrid Crost Law Group - (888) 466-4478; e-mail: [email protected]; skype: usvisalaw Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response should not be construed to create an attorney-client relationship. Please help stop notario fraud and hare this web site: www.stopnotariofraud.org.
You cannot apply for a GC on your own unless you are an alien of extraordinary ability or can apply for an Investment visa through the EB5 program. Your wife's employer can sponsor her for a GC
1) As my colleague has suggested, you can find a different employer to do the GC filing, or you can check if you fit under other categories, such as a person of extraordinary ability, etc. to file under EB1/EB2 with a national interest waiver. I do not see another way.
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