Question about my Visa options; on L1-A, in Green Card application, interviewing externally, Canadian

Google mr_skittle
Oct 30 12 Comments

I'm currently in my Green Card application, which will soon be portable without losing my spot in line, and have received my EAD, which is valid for a year. Does this mean that I can technically go work at another employer, provided they will sponsor that Green Card, and I won't need a different visa type while the GC application continues to process? When I leave current employer I will lose my current L1-A status.

Is it also true that given my Green Card app, I would no longer be eligible for TN visas, given Green Card app indicates desire to stay?

Finally , I realized there is always the possibility my Green Card would be denied. I've read it's low probability but still a probability. I guess it just comes down to how much risk I'm willing to take, in relation to the potential opportunities in front of me, vs time still outstanding before GC arrives, correct?

Will consult an immigration lawyer as well, but curious if anyone here may have any insight.

Thank you!


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TOP 12 Comments
  • Microsoft holahola
    Just stick around for couple months then you are free. You can get it 6 months after 485 filed in general
    Oct 31 2
    • Google mr_skittle
      Really, where did you hear it's only 6 months?
      Nov 2
    • Microsoft Christmama
      I also heard friends say the same. I think it depends.
      Nov 2
  • Citibank jigzy
    Wait for your GC . One aspect of this situation does annoy me as I see this again and again with companies in the USA . Companies import top talent from around the globe and then screw around so much with GC that talent just takes easier options such as Canada and Canada benefits from the continent switch. There has got to be a better way for the states to better plan out a partnership from the company to the employee with GC as part of the deal.

    If this were a financial problem you could say the US is being cent wise and dollar stupid .
    Oct 31 1
  • Google mr_skittle
    Okay thanks all --- I am planning to stay at least another 2 months anyway, so indeed perhaps by then it will just be an incremental 1-4 months. Likely worth it in the grand scheme of things.
    Nov 2 0
  • New / R&D

    New R&D

    Check Point Software Technologies, Ltd.
    Senior iOS developer and tech lead
    I got the ead 2.5 month before I got the final green card
    If your at the final stages of your i485 - just wait.
    Nov 1 0
  • Google mr_skittle
    I guess in the event of a rejected GC, then I would exit and come back on TN, and keep getting TN renewals ideally (and in parallel apply for H1-b).

    Wonder if TN would be rejected if I own property in Bay Area.

    I'll consult a lawyer for more in depth guidance.
    Oct 30 0
  • Google mr_skittle
    I wouldn't want to abandon GC however :(. While GC app is live, it wouldn't make sense to apply for TN, correct?
    Oct 30 0
  • I don’t think GC technically prevents future TNs if you abandon GC and leave the US in the future and no longer have immigrant intent. Being denied GC could make it hard to get another TN though.
    Oct 30 0
  • Google mr_skittle
    Really? Isn't that denial rate relatively low, eg 8%? What does that depend on?
    Oct 30 0
  • I would not move before GC IS DONE. If you lose L1 chances to get a denial nowadays exist
    Oct 30 0


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