L1-A and EB2 GC

[arunchandapillai]

Hi Team,

 

Greetings of the day…and thanks in advance for your time.

 

At present I’m in L1-A and my 7 year quota will get over by October 2017.Due to certain technical limitations, My Firm is processing my Green Card in EB2 category. (not in EB1)

 

Question

 

1. If my perm & I-140 are approved and then I apply for fresh H1-B in 2016 and if selected in a lottery, can I continue my stay in US by doing 3 year H1 extensions until unless I get my GC/EAD…?

 

2. In Case I do not get selected in 2016 H1 Quota, will I have to exit USA on completing my 7 year limit on L1-A which would also demand a stay of minimum 1 year outside of the US (cooling period) before I can come back to USA in another H1/L1…?

 

3. If 2 is ‘YES’, will I lose my prior approved I-140? 

 

Regards,

Arun

 

[jairichi]

1. Yes.

2. Yes.

3. No.

[vig]

Hello,

 

I have come to USA in Jan 2014 on L1A. It has been almost 18 months and now company is ready to file GC for me but not in EB1 rather EB2. My worry is as of date, 1st Oct 2008 is current date, so if i file my GC in EB2 category in next couple of months, I am not expected to have current date by next 6-7 years, and by that time my L1A will complete its 7 years.

 

My question is, if I get my I-140, will I be eligible to convert to my L1A to H1B without lottery or I have to go to lottery route.

 

Thanks

VIG

[jairichi]

Hello,

I have come to USA in Jan 2014 on L1A. It has been almost 18 months and now company is ready to file GC for me but not in EB1 rather EB2. My worry is as of date, 1st Oct 2008 is current date, so if i file my GC in EB2 category in next couple of months, I am not expected to have current date by next 6-7 years, and by that time my L1A will complete its 7 years.

My question is, if I get my I-140, will I be eligible to convert to my L1A to H1B without lottery or I have to go to lottery route.

Thanks

VIG

It might be your employer's policy not to apply EB1 even if you are qualified for this class. You need to go under cap to move to H1B.

[vig]

Hello,

 

I am in L1A and its 1st 3 years will complete in Oct 2016, I will be applying for 1st extension of 2 years (I think L1A can be extended twice, each time 2 years, so it makes it valid for total 7 years [3 + 2+ 2])...

 

My company wants to start my GC in EB2 category, they are asking documents from me for PERM...

 

My worry is, as USCIS knows that I am on L1A and doing a managerial role, where as my understanding is that EB2 is for professional who has specialized skills, do you not think that filing GC in EB2 as professional with specialized skills, will not jeopardize my L1A extension ?

 

Or I need to file as Manager but in EB2 !

 

Please advise.

 

Thanks

Vig