AOS from H1B to L1A with I-140 Approved

[vkaushik79]

I am completing my 6 Yrs on H1B in next 6 mths. I have i-140 approved and have filled my visa extension and waiting for approval. Since wait time to get GC is like forever, can I convert to L1A and file GC in EB1 category. I was Manager in India and came to USA with company A, then moved to Company B and now in Company C on managerial position.

Query 1: Can I convert to L1A and file GC in EB1 category?

Query 2: If Yes to Q1, then do I need to leave USA to file for L1A?

Query 3: If Yes to Q2, Can I go to another country (ex Canada), work there for 1 Yr for same employer and same client and then file for L1A, come back to USA and file for GC with same approved I-140?

[pontevecchio]

Since it is your employer who files, you should discuss the matter with them.

[vkaushik79]

Well sure I can but first I want to know if this can be done without any issue?

[JoeF]

For an L1, you have to have worked for the employer abroad for at least a year in the last 3 years. Since you apparently worked on H1 in the US for 5 1/2 years, it is obviously not possible to get an L1 right now. You would have to work abroad for the employer for a year. Discuss details with the employer and their lawyer.