Asked in Immigration Law for California

Q: Can I apply for a cr-1 visa while applying for L1 visa at the same time?

In case the CR-1 visa is in progress, can my company still apply For L1 visa for me? Will the cr1 visa be cancelled?

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1 Lawyer Answer

A: Because an L-1 is a dual intent visa, you can apply for an L-1 visa while your application for a green card through marriage is pending.

An L1 visa is for a person who works for a company with a parent, subsidiary, branch or affiliate in the United States. These persons come to the US as intracompany transferees to perform services either in a

* in a managerial or executive capacity L-1A or

* which require specialized knowledge L-1B

for a parent, branch, subsidiary or affiliate of the same employer that employed the professional abroad. The employee must have been employed abroad for the corporation, firm, or other legal entity (or an affiliate or subsidiary thereof) on a full-time basis for at least one continuous year out of the last three-year period to qualify. There is no annual cap on L1 visas.

If the employer wishes to speed up the processing of the petition, they may wish to use USCIS’ premium processing procedure. Also, the company can apply for a blanket L visa which allows individuals to file a copy of the approved blanket petition instead of filing for a regular L1 visa. In order to be granted a blanket petition, the USCIS must determine that the company qualifies for the intracompany transferee visa.

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