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Attorney_22

L1A and EB1(c) Managers and Executives

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This week, Murthy Law Firm attorneys will answer questions regarding petitions for L1A and EB1(c) managers/executives.

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

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4 hours ago, Attorney_22 said:

This week, Murthy Law Firm attorneys will answer questions regarding petitions for L1A and EB1(c) managers/executives.

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

Hi Murthy team

I am in L1A for three years, My current employer is initiating GC thru EB2 and not doing through EB1. Is there any other way to get it done through EB1 ? Or should I need to try through any consultancy ? Please advise.

Note: I have worked more than 2 years with this same employer out of US in managerial roles before traveling here in L1A.

Edited by Venkatesh R
Spelling

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Hello,

i just moved with my company from Chicago to Mumbai. I was on an H1B with an approved I140 with my priority date being Jan 2011. I am here in Mumbai as a director managing a team of 8 members. I wish to go back to he US in 2 years. What are my chances of getting an L1A and what do I need to be doing here in India to increase my chances of getting into EB1(c) when I return?

Please let me know. 

Best,

SK

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Hi, I have question on L1A visa. If I have valid H1b visa stamped on my passport. I am currently working in Canada and willing to apply for L1A visa as I am eligible. My questions is, in case for some reason, L1A gets rejected, then can that impact my H1b visa? Other question is can L1A rejection impact my EB2 GC application which is in progress. 

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Hello,

I'm a Canadian citizen currently  working in a managerial role for one of the leading MNCs in Canada. The company is ready to sponsor my green card under L1A - EB1. However they want me to travel on L1B now and later convert to L1A, as I will not have any immediate reportees in the USA for the proposed role. The company want to convert the visa category to L1A once I get the team in USA. Does this affect the chances of EB1 approval negatively?

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Hello, 

I had a question regarding filings of I140 and 485. As evident in the visa bulletin EB1 category is no longer current and has retrogressed to 2012. How this affect filing of I140 and 485? can they still be filed at the same time? or do we have to wait for I140 to approve ? or both will be filed at the same time and beneficiary will get EAD and in-line for GC ?

thanks for your help.

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Hello,

I am on L1A visa (visa valid until 2021) and I filed I485 application during 2017 under EB1(c) category. I've approved I140 application. Additionally, I've EAD and AP combo card, which will expire in December 2018 (applied for renewal recently). I've a question, is there any possibility I can switch job to another company with same role and responsibility? I'm currently going through tough situation in my current company and I'm trying to explore a way to change my current employer.

I will appreciate your valuable advice!

 

Thank you

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A manager entered US on L1A initially, employer filed EB1C (140 & 485) concurrently. Received EAD/AP card and I-140 approved over 8 months ago. 485 has been pending for over a year. Initial 3 years of L1 tenure has been expired and currently working on EAD with the same employer.

Is there any role of L1 now, or any other reason,  for him not being able to change same/similar job on EAD using AC21?

Thanks so much!

Edited by varmani

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Status:

I am on L1A [spent 2+ years] valid till July 2019.
My organization has filed I-140 and I-485 concurrently and I-140 is approved. 
I have also received EAD with advanced parole valid till 08/08/2019. 
My L1A expires on December 2018 though.

Questions:

1. Should I renew my L1A even though my I-140 is approved and have EAD with advance parole in hand?

2. Can I travel to India with advance parole and come back without issues?

3. Is it advisable to change jobs using AC21 [similar or higher role] when I am on L1A but with the EAD in hand?

4. How long should I be on the current job after GC approval [if approved]?

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Hi,

i am currently on h1b visa since 2010 and have an approved I-140 with 2014 priority date. I started off as a an engineer at this company and moved to VP level position over the past decade.

I manage team in India as part of my role and have been doing so since couple of years now. Is there any possibility to upgrade my green card application from eb2 to eb1 category Without needing to physically stay in India for an year?

Alternatively would it help to stay in US but on India payroll for an year and be eligible to upgrade to eb1. Essentially I’m planning to switch L1A so I can get my GC processed quickly. I’m very important to this company and play a very important executive role. 

Please advise.

thankyou !!

Edited by Nav555r

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Hello,

 

I have 2 questions:

1) Does EB1C qualify for AC21? I heard some attorneys saying EB1C is "employer specific", so, unlike other categories, AC21 does not work in EB1C case, even if I-140 is approved and I-485 has been pending 180+ days.

2) Is it doable/normal/OK to file both EB1C and EB2 I-140's? The former emphasizes 'managerial' and 'not performing actual work in software/hardware development'. But the latter is established on actual technical contribution. If filing both at the same time, does it increase the likelihood of EB1C I-140 denial?

 

Please advice.

Thanks and Regards,

 

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With a pending I-140, Does changing employment location mean I-140 must be refiled if rest of job duties are exactly the same? If wages also are adjusted to reflect lower living costs in new city would that warrant refilling I-140?

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My country of chargeability is India. I had submitted my EB1 I40/I485 concurrent filling in Dec2016. My I40 was approved in June2018 and I got medical RFE on July2018. I sent response for RFE (Medical) in August2018. I have following questions:

1)      Since my I485 was filed in Dec2016, will I get in-person interview?

2)      Does USCIS schedule interviews in retrogression period as well?

3)      After how much time should we expect USCIS to schedule interview?

4)      Can you briefly explain the order of all the steps USCIS follows after approving I40? Example first they do background check, then call for interview, then look for medicals etc.

I understand that these are all approximate time lines and no individual case can be expected to follow it exactly.

Thanks

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I'm on Valid H1B which will expire on Jun'2019. My EB1C, i485 filed in Mar'2018 and finger print review completed, case is currently with NBC. I have not filed for EAD and AP, assuming i should get my GC before Dec'2018.

Due to current retrogression to 2012, please suggest should i apply for EAD and AP now. 

And also in my company i need to initiate H1 extension 7-8 months before, should i wait for GC until Jan'2019 and later initiate H1 extension if there is any delay in i485. Please suggest.

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Hello Team,

My current designation is Senior Manager and my company is filing my Green Card in EB2 category, I will be getting eligibility for EB1C in another 5 months as i am working as international manager outside of USA.  My company said i can port my category from EB2 to EB1 later point of time after i get my eligibility.

Should i apply my GC in EB2 category for now and later get it port to EB1 once i get eligibility or just wait for another 5 months and file GC in EB1 category

Edited by tanveer
rephrased sentence

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Hello Team - My company is thinking to file EB1 for me in an international manager category. At this moment i am on EB2, i heard from one of my friends that we can not go for Eb1 if we are working for more than 3 years in the US on any other EB category, is it true? 

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On 9/6/2018 at 9:32 PM, Venkatesh R said:

Hi Murthy team

I am in L1A for three years, My current employer is initiating GC thru EB2 and not doing through EB1. Is there any other way to get it done through EB1 ? Or should I need to try through any consultancy ? Please advise.

Note: I have worked more than 2 years with this same employer out of US in managerial roles before traveling here in L1A.

For the EB1(c) category, the employer must sponsor. The only EB1 category that allows for self-sponsorship is EB1(a) (extraordinary ability.)

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On 9/6/2018 at 9:34 PM, Sandeepsk15 said:

Hello,

i just moved with my company from Chicago to Mumbai. I was on an H1B with an approved I140 with my priority date being Jan 2011. I am here in Mumbai as a director managing a team of 8 members. I wish to go back to he US in 2 years. What are my chances of getting an L1A and what do I need to be doing here in India to increase my chances of getting into EB1(c) when I return?

Please let me know. 

Best,

SK

This is a very broad question. In short, to qualify for L1A and then EB1(c), you need to work as a manager or executive for at least 1 year, and then be transferred to a related company in the U.S. as a manager or executive.

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On 9/6/2018 at 9:55 PM, rockets said:

Hi, I have question on L1A visa. If I have valid H1b visa stamped on my passport. I am currently working in Canada and willing to apply for L1A visa as I am eligible. My questions is, in case for some reason, L1A gets rejected, then can that impact my H1b visa? Other question is can L1A rejection impact my EB2 GC application which is in progress. 

Ordinarily, an L1A denial would not impact an existing H1B or an EB2 case.

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On 9/6/2018 at 10:51 PM, NRC said:

Hello,

I'm a Canadian citizen currently  working in a managerial role for one of the leading MNCs in Canada. The company is ready to sponsor my green card under L1A - EB1. However they want me to travel on L1B now and later convert to L1A, as I will not have any immediate reportees in the USA for the proposed role. The company want to convert the visa category to L1A once I get the team in USA. Does this affect the chances of EB1 approval negatively?

No, this would not typically impact one's eligibility for EB1(c) in the future.

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On 9/6/2018 at 11:07 PM, us-immigration-aspirant said:

Hello, 

I had a question regarding filings of I140 and 485. As evident in the visa bulletin EB1 category is no longer current and has retrogressed to 2012. How this affect filing of I140 and 485? can they still be filed at the same time? or do we have to wait for I140 to approve ? or both will be filed at the same time and beneficiary will get EAD and in-line for GC ?

thanks for your help.

The I-140 can be filed at any time. The I-485 cannot be filed until the priority date is current.

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On 9/6/2018 at 11:56 PM, Ramo.a said:

Hello,

I am on L1A visa (visa valid until 2021) and I filed I485 application during 2017 under EB1(c) category. I've approved I140 application. Additionally, I've EAD and AP combo card, which will expire in December 2018 (applied for renewal recently). I've a question, is there any possibility I can switch job to another company with same role and responsibility? I'm currently going through tough situation in my current company and I'm trying to explore a way to change my current employer.

I will appreciate your valuable advice!

 

Thank you

Yes, if the I-485 has been pending for at least 180 days, it generally would be possible to port to a same/similar position elsewhere. Please see:

Final Policy on AC21 “Same or Similar” Job Requirement

 

 

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4 hours ago, Attorney_23 said:

This is a very broad question. In short, to qualify for L1A and then EB1(c), you need to work as a manager or executive for at least 1 year, and then be transferred to a related company in the U.S. as a manager or executive.

Thank you! That helps. 

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