Porting from EB2 to EB1C

[abby99914]

I work in the US with a US employer on an H1b visa as a Senior Manager. My Green Card has been filed under EB2 and my I-140 has been approved with a Priority Date of Apr 2017. Due to family emergency, I now have to move to the UK for at least a year and will likely work for the same employer in their UK office. Since I am staying in the UK for a year, I was planning to come back to the US on an L1A visa and then port my GC from EB2 to EB1C.  Below are the questions I had:

1.       To be eligible for L1A, do I need to work in the UK on the US employer’s payroll or do I need to switch to the US employer’s UK payroll?

2.       How easy would it be to come back on L1A visa in a year? I am currently on H1b which is valid till Feb 2021 – Would USCIS pose issues in moving me to L1A?

3.       What are the Requirements for obtaining L1A other than that I should have worked outside the US for 1 year? Do I need to formally show direct reports under me?

4.       How easy is it to port from EB2 to EB1C, with an H1b and an L1A visa

a.       What are the requirements to port to EB1C other than the 1 year requirement? Do I need to formally show direct reports under me? I am currently a senior manager in the company

5.      If I satisfy the 1 year requirement for EB1C and come back on an H1b visa (which is valid till 2021), and then quit my employer, can I still use the 1 year work outside the US through previous employer to port from EB2 to EB1C through my new employer?

[pontevecchio]

You would do well to consult the firm of Murthy or any of your choice with specifics. Moreover have you discussed your plans with your company?

Nothing called porting the EB2. The EB1C will be a separate filing.