pulkit Posted February 3, 2013 Report Posted February 3, 2013 Hi Friends, I need your advise and recommendation on my case. Currently I am on H1B working as Portfolio Manager with 6 months left in completion of 6 years of stay in US. My company has agreed to file GC but the confusion is which is the best option of filing GC with less risk and quick processing. I have worked as PM for a year before coming to US. Option1 - [H1B to L1A] - Is it possible & safe to transfer my status from H1B to L1A and then file for GC under EB1C. Please note that I have stayed for 5.5 yrs continously in US. What is your experience of success in conversion from H1B to L1A. Will it make my case stronger or weaker to file GC while being converted to L1A from H1B. Option 2 - [H1B to EB1C] - Is it possible and safe to file GC under EB1C directly from H1B status.What is your experience of success in conversion from H1B to EB1C . Will it be diffcult to prove my self as international manager while my H1B was filed as software developer initially . Please advise which of the above option is feasible has more success with less risk. I am okay to stay outside US for few months while GC processing is on. Thanks in advance !!
t75 Posted February 4, 2013 Report Posted February 4, 2013 L1 requires work outside the US prior to receiving it during the last 3 years. You do not appear to qualify. Only an sttorney can advise as to whether your position qualifies for EB1C.
Attorney_22 Posted February 4, 2013 Report Posted February 4, 2013 EB1C is similar to the L1A in that you must have worked with the petitioner or an affiliate of the petitioner abroad for at least one year prior to coming to the U.S. However, the EB1C requires that experience to be in a managerial or executive capacity and generally cannot be as a first line supervisor. t75 is correct, you should speak directly with a qualified U.S. immigration attorney to review any potential options.
pulkit Posted February 4, 2013 Author Report Posted February 4, 2013 L1 requires work outside the US prior to receiving it during the last 3 years. You do not appear to qualify. Only an sttorney can advise as to whether your position qualifies for EB1C. I was on international deputation in 2007 / 2008 where I have performed managerial roles (before entering back into US in 2009). Does that help?
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