bmdkannan Posted May 15, 2013 Report Posted May 15, 2013 I am on L1B, my visa expires Feb 2014. I do not have an managerial experience so far. I have a Master degree holder which I got from India. I will be promoted to a managerial or executive position on Jul 2013. If I continue in the managerial or executive position from Jul 2013 to Dec 2013 (6 months) and If I apply to convert from L1B to L1A before Feb 2014, 1.Will I be eligible to file GC under EB1 Category? 2.Please advise when I need to apply for a. L1B to L1A b. GC Ref: Per 8 C.F.R. §214.2(l)(15)(ii), "When an alien was initially admitted to the United States in a specialized knowledge capacity and is later promoted to a managerial or executive position, he or she must have been employed in the managerial or executive position for at least six months to be eligible for the total period of stay of seven years. The change to managerial or executive capacity must have been approved by the Service in an amended, new, or extended petition at the time that the change occurred."
Attorney_23 Posted May 15, 2013 Report Posted May 15, 2013 A change of status from L1B to L1A must be approved at least 6 months before reaching the 5-year-limit. In order to be eligible for the EB1 multinational manager/executive, the foreign national must have been employed abroad as a manager/executive for a related company for at least 1 year.
bmdkannan Posted May 17, 2013 Author Report Posted May 17, 2013 Thanks for your reply. I understood the first point. I will reach my 5 year limit on Mar 2015. Reg your second point, I am confused with the below norm. Pls read it and explain more that whether it is applicable for me. Per 8 C.F.R. §214.2(l)(15)(ii), "When an alien was initially admitted to the United States in a specialized knowledge capacity and is later promoted to a managerial or executive position, he or she must have been employed in the managerial or executive position for at least six months to be eligible for the total period of stay of seven years. The change to managerial or executive capacity must have been approved by the Service in an amended, new, or extended petition at the time that the change occurred."
Attorney_23 Posted May 17, 2013 Report Posted May 17, 2013 The petition to change status from L1B to L1A must be approved at least 6 months prior to to reaching the 5 year limit.
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