H1B to L1A

[Kiran vikhanasa]

Hello All,

Need advise and suggestion !

Currently I am in US working on H1B.  Its been 3 years i am on my current H1B petition, that means I have still nearly 3 more years validity of current H1B.  I am in a manager role. I was in manager role for nearly 6+Years in India with 20+ reportees and currently I am in manager role in US for about 3 years with 40+ reportees.

Now my employer is ready to process my GC in EB1 category, but for that they are suggesting me to apply for fresh L1A.  

I have following questions and concerns.  It would be really great if someone can help me clarify this

1. Employer is saying, processing GC under EB1 is easy for L1A visa holders, is this true?

2. Can't they file GC EB1 if I am on H1B visa ?  Is it mandatory to be on L1A?

3. In case if I get L1A, what will be status of my current H1B petition?  will it be active? Can I use this H1B to transfer to other employer or with the same employer after an year(in case if filing GC is getting delayed)?

4. At this point time(Immigration reforms stage) can I take the risk of applying L1A?

5. What are the other alternative for me to get GC under EB1 while on H1B?

Please share your inputs and information. Appreciate your time and help!!

Regards

 

[Kiran vikhanasa]

Hello experts,  bumping this again your suggestion or inputs will be highly appreciated on this

[JoeF]

You can't get an L1, because for an L1, you have to have been working for the employer abroad for at least a year in the last 3 years.

You said you've been in the US on H1 the last 3 years...