EB1 v/s EB2 - Probability of GC.

[CG-L1A]

Hi,

I am currently on an L1A visa (Completing 6 years in Apr 2018).

My company has applied for my GC on EB2 through PERM process (140 was also approved in Jun 2017) and wants to move me to a H1B in Oct 2018. (Assuming my L1A gets extended by one more year to Apr 2019). 

My company's management team has informed me that they would like me to continue working for them in the US and contribute to the organization for the long term. 

In light of the current US Government's publicly stated views and policies regarding immigration, what would you say is the probability (in terms of percentage if possible) of my continued stay in the US under the below two scenarios:

a) My company continues to pursue EB2 Perm Process and move me to a H1B and seek extensions based on an approved I140

b) My company makes a new application on EB1 since I am on an L1A visa and was employed with my company as a Manager for 2 years immediately prior to moving to the US and have been working as a Manager after moving to the US as well. 

What would be your advice to my company if you were advising our management team on immigration and knew that they are genuinely interested in my continued stay in the US.

Thanks and regards,

CG-L1A

[Attorney_15]

The EB1C I-140 Petition is a faster path to the Green Card, but it is subject to a greater degree of scrutiny than an L1A Petition. Approval of even multiple L1A petitions does not in any way assure one of approval of the EB1C I-140. So, if one can document the eligibility for the EB1C petition it would seem that such a course would be worth the investment because if approved, the path to approval of a Green Card is likely to be faster than PERM, I-140, multiple H1B extensions, possible visa applications and related delays.