Implications of change of status(L1b to L1A) application while I-140 (in Eb1c category) is pending


Madhurima Dhar

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Background:

  • My current L1-B will be expired on june 14th 2017.
  • My company has not made any amendment to my L1-B when I was promoted to functional managerial responsibilities.
  • I have applied for I-140 in executive manager category (EB1C) end of June, 2016, which is still pending. 
  • I have EAD and advance parole. 

Now, as I am researching on whether to apply for a change of status & extension of my current L1, (as I have spent only 2.5 years so far), I have some unresolved questions:

  1. Applying for L1B to L1A, does it mean until USCIS grants my L1A I can not work as an executive manager?
  2. If the above answer is YES, then at what situation a L1-B holder can meet the requirements of  EB1C? 
  3. Worried if my application for L1-A can put my pending  I-140 application in any risk?
  4. Instead of change of status, if my employer just wants to extend L1B, will that be legal, as in my I-140 application it is stated that I work as a functional manager?

 

Please note: I did take immigration attorney consultations. But from two interviews I got two different kind of statements. Hence this confusion.

Thanks in advance.

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