L1A to EB1C - what date should I take

[jghonh]

Hello,

 

The situation is as follows:

I'm currently in L1A status (recently got 2 year extention after intitial 1st year) and I'm going to apply for EB1C.

usics.gov states:

 

As long as you were employed in managerial or executive position for one continuous year in the preceding three years (in U.S. or outside the U.S.), you can apply for green card in EB1C category immediately. Therefore, if you were already appropriately employed before entering the U.S., you can apply for green card immediately. Otherwise, you will have to be on L1A visa status for one year before applying for green card in EB1C category. The later would be the case if the alien is currently on L1A visa but was employed abroad as specialized knowledge processional.

 

In my case I have two different dates: date of employment start and date on I94 (L1A apploval) are different. Actual employment started several months later than the date on I94.

It is not clear for me from the quoted information from uscis.gov which date I should take for 1 year count. If I take L1A status date when I have one year from that date. If the date of actual employment start showld be taken as a basis for 1 year requirement when I have to wait several months.

 

Now, I know that I can count years of my employment in a foreign country. But I want to base my application only on US employment in order to make things easier and clearer.

 

So, the question is:

Can I establish this 1 year requirement based on the date stated on I94 or should I wait for 1 year strating from actual employment date?

[t75]

This is not a DIY project. Since this is employment based, your employer's attorney will file at the appropriate time. It sounds like you do not qualify based on the 1 year outside the US. You are in status only when you are physically present in the US.

 

How can your employment start date be later than the date on your L1A I-94 by several months? If this was a COS from H1B, you were to be in L1A status on the date of the I-94; if you were not and continued to work illegally on H1B, you have a problem other than proper EB1 filing date.

 

What is your hurry?

[jghonh]

This is not a DIY project. Since this is employment based, your employer's attorney will file at the appropriate time. It sounds like you do not qualify based on the 1 year outside the US. You are in status only when you are physically present in the US.

 

How can your employment start date be later than the date on your L1A I-94 by several months? If this was a COS from H1B, you were to be in L1A status on the date of the I-94; if you were not and continued to work illegally on H1B, you have a problem other than proper EB1 filing date.

 

What is your hurry?

 

Hi, thanks for reply.

 

Why do you think I do not qualify based on 1 year outside US?

Employment can easily start later than L1A approval date - just came to the US later than approval date. What is the problem with that? H1B is not relevant at all here.

There is no hurry - I even decided to wait until qualified based on 1 year in US.

 

Please answer my question:

Can I establish this 1 year requirement based on the date stated on I94 or should I wait for 1 year strating from actual employment date?

[rahul412]

Make sure that your managerial position is eligible for EB1.

USCIS gave just a generic description, not all managerial positions are eligible for EB1.

[omshiv]

this is a EB1 abuse on the cards.

[chakrakr]

Hi, thanks for reply.

 

Why do you think I do not qualify based on 1 year outside US?

Employment can easily start later than L1A approval date - just came to the US later than approval date.

 

You are confused.    I-94  is issued only when you enter US OR when you do a COS.  What was your case ?   If it was a COS ,  you are on L1A  status from the date on I-94  and so cannot work on H1.   If you entered on L1A,  you should start working shortly after entry .

[t75]

You state date on I-94. When and How did you get an I-94 if you were not in the US?

[jghonh]

You are confused.    I-94  is issued only when you enter US OR when you do a COS.  What was your case ?   If it was a COS ,  you are on L1A  status from the date on I-94  and so cannot work on H1.   If you entered on L1A,  you should start working shortly after entry .

Thank you for this reply.