H1B to L1A for EB1

[atiwari]

Hello,

I am working in IT for more that 13 years now. I was working as Manager/Sr. Manager (managing people as well) in a company "A" in India from Feb 2014 - Feb 2016. In March 2016 I left Company A and joined Company "B" and came to US on H1B visa. My GC was initiated in EB-2 category and I have a valid I-140 . Can I join back company "A" now in USA in managerial position again(which I left in Feb 2016) and to be eligible for L1A so I can transfer my case to EB1 category?

Thanks in advance!!

[Shurap1]

https://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1

You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.

So you are not qualified as it is more than 3 years since you left company A.

[krishsada]

Hi,

My current H1B maxout date is on 05-Jun-19 and I-94 expires on 15-Jun-19.
I have EB-1 I-140 approved (which can't extend my stay to file I-485) and waiting for current date to file I-485.

To extend my valid stay, I filed H1-B to L1-A conversion and got RFE. My company will file RFE response.

Should I keep my H1-B 30 days buffer (15-May-19) and leave from US to file my I-485? or
Should I wait for my L1-Conversion RFE response until my max out date?

Please suggest. Thanks.

[JoeF]

Hmm, your story doesn't make much sense.

Why do you think the I-140 can't be used to extend your H1?

And an L1 requires that you worked for the company abroad for at least a year in the last 3 years. If you've been on H1 for 6 years that wouldn't apply.

[Shrawan Kumar]

I have an approved I-140 under EB2 and have been working with the same organization from past 10 yrs. Outside US for 2.5 yrs and in US 8 yrs. As I didn’t have 1 yr. managerial experience outside US, company filed my GC under EB2. From past 4-5 yrs., I have been working on managerial position and want to upgrade my GC category to EB1. Would it be possible to do that with changing from H1B to L1A? If not what options do I have to upgrade the case to EB1?