L1A to GreenCard through EB1

[tpt01234]

Hi

   I'm currently working for company A on L1A, and recently they have decided to apply for Green Card processing through EB1 category. My L1A is valid for 2 more years.

 

But earlier this year, I had also applied for H1B through Company B, and it has been approved.

Company B has also done a Change of Status effective from Oct 2013.

 

Since Company A is doing GC processing, I don't want to switch from L1A to H1, and want to continue in L1A.

 

Can you please let me know if having an H1 will in anyway affect the GC Processing.

 

Also please let me know what options I have to continue on L1A beyond Oct 2013.

 

Sincerely appreciate your efforts in addressing my issue.

[omshiv]

You may continue working on L1 visa since I believe that should be a better option as you qualify for EB1 (as per your employer)

Just let your H1 employer know that you are not interested in joining.

 

Good luck.

[tpt01234]

Thank you.

I will ask Company B to cancel the h1.

But I doubt if they will act promptly.

I would like to know what consequences there can be on the GC proccessing if the h1 is not cancelled in time?

Should I also leave and renter the country to remain in L1 post Oct 1?

[omshiv]

There wont be any consequences on your GC processing based on an approved H1B. Also you need not leave the Country and reenter to remain in L1. You are always on L1. You really need not worry as you are good to go.

[chakrakr]

Since your COS to H1 is approved,  you will be on H1 starting October 1 , 2013 and need to work for Employer B .  You cannot work for A.  The way out is --- travel out of US at end of September and enter after October 1 using your L1 visa  .  You will then have a I-94 with L1 status and can continue to work with A

[chakrakr]

There wont be any consequences on your GC processing based on an approved H1B. Also you need not leave the Country and reenter to remain in L1. You are always on L1. You really need not worry as you are good to go.

That is incorrect.  OP's status will change to  H1 from Oct 2013. 

[tpt01234]

Thank you for your inputs. But do you know if there can be any impact to GC processing even if I leave and renter after oct 1.

[chakrakr]

Thank you for your inputs. But do you know if there can be any impact to GC processing even if I leave and renter after oct 1.

There is no impact on GC.   Technicaly ,  a GC can be applied and approved even if you have never stepped into US.