L1A EB1GC when Company acquired company

[Veera Motamarry]

I joined company A in India in 2015, after 1 year offshore , my L1A individual Premium was approved and came to USA in April 2016 with same company 'A". 

In 2018 , COmpany 'B' acquired part of the business from Company 'A' and I became employee of Company 'B' in USA. 

My L1A extension was due in March 2019 and my new company 'B' applied for L1A extension under premium . I got RFE . One of the question in RFE is to prove I have 1 year abroad experience to fulfill L1A requirements. My attorney from Company 'B' submitted evidence of the aboard experience with Company 'A', saying when such acquisitions happen , the experience of the resources does carry over. 

 

RFE cleared & L1A extension approved till Jan 2021. 

 

My company ( B)  planning to file PERM for me , however I requested to file EB1C.  FOr this , my company B said I dont have one year aboard experience to qualify for EB1C and the aboard experience I have with company A is not valid for GC process but it is valid for L1A extension process.  I am not convinced with this reasoning. 

 

do you have any opinion on this situation ? Am I eligible for EB1C ? 

[pontevecchio]

I Suspect not. You could certainly touch base with the lawyer and have him explain the rationale.