Quickest conversion from L-1A to GC - E3 or H1B


RennRivkin

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I’m a dual citizen of India & Australia currently working in the US on L-1A visa. I plan to change jobs locally and am exploring safest and fastest course to obtain a GC. Please help with my queries…

  • Which of the E3 / H1B visas do you suggest for my family?
  • What is the safest step-by-step process to switch jobs on above recommended visa without risking our continued stay in the US?
  • I have 10+ years of international IT experience (4+ in the US on L1B, 6+ in Australia and 4 yrs in India) with my current employer. Do I qualify for EB1-GC with new employer (not related to current employer)?
  • If it has to be EB2-GC from above response, as its naturalized citizen can I benefit from having Australia as my country of chargeability (presuming it’ll be significantly shorter than India)?

Best regards,

GC aspirant

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I cannot advise you as to which visa would be best or safest for you without significantly more information. I can tell you that if the new employer is not related to a company you worked for overseas, you would not qualify under the EB1 multinational manager/executive category. Also, chargeability is ordinarily determined by country of birth; however, there are certain exceptions to this rule.

I would recommend you contact an experienced attorney who can review your goals and immigration history, and advise you on how best to proceed.

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