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EB1 filling with H1-B status

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hello everyone,



I am currently on H1-B completing my 6 yrs in US.


I came in US back in '08 with Company X as a mangerial postion but with L1-B visa, before coming to US I was working with same company X on the Managerial role with 7 team members reporting.


When my L1-B expired after 5 yrs my company has applied H1-B, My company X has filled my GC with EB2 cat. now I got my I-140 approved.


I have a question as I am working as Managerial position in India and US, I have 15+ yrs exp., If I could able to convince my employer to file my case under EB1


Q's  are


1. With the above situation, is it OK to file EB1 cat with H1-B ?


2. If my employer file with EB1 and somehow it gets rejected what will happens to my current EB-2 will that be also rejected ?


3. I should go for L1-A first and then go for EB1 is it best approach ?


Answers would be appreciated.



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Your company's attorney will advise of the best legal filing category.  You should ask to meet with the legal team to determine the best way for you to proceed.

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