H1b to L1A (Change of Status) to apply GC in EB1-c

[aman1980]

Hi,

I am working in US with employer A for last 5 years (last H1B extension filed in Aug 2014) and will be completing 6 years (including recapture time) in June 2016. I have initiated future GC case with employer B before 365 days of my I-94 expiry date. Now my current employer A is willing to apply for L1A and then file for GC in EB1-c category. I have following questions regarding this -

1. if L1A gets approved; will it impact my future GC process with employer B?

2.  if L1A gets approved, can employer B still continue my GC process and file for I140?

3. After L1A approval, if my current employer A does not apply for GC then can I join employer B and apply for H1B extension (I believe this needs to be done before June 2016)?

 

Appreciate your responses.

 

Thanks!

[jairichi]

1. No.

2. Yes.

3. A H1B extension for a period beyond 6 years on H1B can be filed only if your PERM or I-140 is pending for more than a year or with an approved I-140.

[JoeF]

For an L1, you have to have worked with the employer ABROAD for at least a year in the last 3 years.

This means you can't get an L1.

[aman1980]

For an L1, you have to have worked with the employer ABROAD for at least a year in the last 3 years.

This means you can't get an L1.

Hi,

I have seen couple of cases in my current organization where such conversions were successful (who did not meet the requirement of working abroad with same employer in last 3 years). However, EB1-c requirements are strict and it says that applicant should be multinational manager i.e. worked in abroad in managerial capacity with the same employer for atleast an year.

[JoeF]

If there have been successes, that would have been in error, and these people could be declared illegal retroactively, and lose the L1 and GC (if they got it.)

It would be fraud, plain and simple.

[aman1980]

If there have been successes, that would have been in error, and these people could be declared illegal retroactively, and lose the L1 and GC (if they got it.)

It would be fraud, plain and simple.

I got it. Thanks!