EB2 to EB1 conversion

[chowmkko2]

Hi, My labor certification (9089) is field this month (Dec'13). I have 2.5 years of 6 years terms on my current H1B. I am being deputed to Europe on job for about an year and planned to return to US after the assignment. Request your inputs on the points below.

1. When I return back to US, since I am away for 1 year, will I get a fresh 6 year term?

2. During my stay in Europe, can my can my current employer process 9089, 140 as normal (though I am not in US)?

3. When I return from Europe, can I re-enter with my H1B and convert my visa to L1A to file my GC under EB1

[jairichi]

Hi, My labor certification (9089) is field this month (Dec'13). I have 2.5 years of 6 years terms on my current H1B. I am being deputed to Europe on job for about an year and planned to return to US after the assignment. Request your inputs on the points below.

1. When I return back to US, since I am away for 1 year, will I get a fresh 6 year term?

2. During my stay in Europe, can my can my current employer process 9089, 140 as normal (though I am not in US)?

3. When I return from Europe, can I re-enter with my H1B and convert my visa to L1A to file my GC under EB1

1. If a cap subject H1B petition is filed after being outside US for 365 days you will get 6 years. If it is filed as a cap exempt H1B petition you would get 2.5 years.

2. Yes.

3. If your H1B petition is valid then yes you can enter. 

[t75]

You must go through the quota for work beginning Oct 1. They may not file until after you have been outside the US for the full year.

Sure, they can file but you still must go through PERM.  You plan to return but your employer may not be willing to make that commitment.

[Attorney_23]

Hi, My labor certification (9089) is field this month (Dec'13). I have 2.5 years of 6 years terms on my current H1B. I am being deputed to Europe on job for about an year and planned to return to US after the assignment. Request your inputs on the points below.

1. When I return back to US, since I am away for 1 year, will I get a fresh 6 year term?

2. During my stay in Europe, can my can my current employer process 9089, 140 as normal (though I am not in US)?

3. When I return from Europe, can I re-enter with my H1B and convert my visa to L1A to file my GC under EB1

 

If you are eligible for an EB1 case as a multinational manager or executive, no PERM would be required. Rather, an I-140 and I-485 could be filed concurrently once you entered the United States. Or, the I-140 could be filed while you are still abroad, assuming you are eligible at the time of filing.

[chowmkko2]

Hi, My PERM &140 is now approved . I plan to return to US by March 2015 under L1A visa and am eligible for multinational manager and apply my GC in EB1 category. Now that my 140 is approved under EB2 category what are the chances of my GC under EB1 category?

1. As I have approved 140 can I apply for GC under EB1 category at all in the first place? 

2. When I apply for GC under EB1, will I run the risk of cancellation of existing 140 and also rejection of EB1 application?

3. If my EB1 application is approved for step 1 (Which again is 140), if the current 140 will get cancelled, I am ok to take this option and don't want to run the risk of cancellation of both the applications getting cancelled.

Please advise and thank you in advance.

[pontevecchio]

Existing approvals are not affected by new applications. Your questions are best directed to your company Immigration Lawyer.