L1B to L1A and GC


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Dear Experts:

- Got L1B Visa (Blanket) on April 2011 for 3 years, during this time my designation was senior IT consultant.

- Got Transferred to US on the same month (April 2011) as Senior IT consultant

- Got Promoted as Manager during 2012 January and took a Managerial/Delivery lead Role as well

- With Manager Designation and Role from Apr 2012 on L1B, I will be completing my L1B Max out (5 years) by May Jun 2016.

- Went out of US during Dec 2013 and prepped the L1B extension documentation to file an extension from US

- However in port of entry, received an extended I-94 for 3 more years until 2016 December

- Inspite of my I-94 had extended validity, I am completing 5 years of L1B Max out of 5 years by Jun 2016, So I am leaving US in early Jun 2016

- I am scheduled for an interview with US Consulate for L1A Blanket during Mid-Jun 2016 (Since L1B is utilized for 5 years and I qualify for L1A as per the company’s internal policies)

- As a backup H1 2017 cap is also applied; awaiting lottery status

- GC process started during late 2015 and EB2 is in progress. According to my attorney, I should be able to get PERM and an I-140 approved hopefully before Dec 2016, provided if a I-140 premium is filed.

I request advice on the following areas:

- Case A: If L1A petition is approved and I get 2 years extension in Jun 2016, can I advance my EB2 to EB1 after my I-140 is approved or even before or would that be possible only if I work outside of US for a one year from now as a Manager (since I got promoted from Senior IT consultant to Manager only in 2012 while working in US).

- Case B: If L1A did not go through and H1B lottery would be in, I get an 1 year availability (since 5 years is over in L1B); would it be possible to advance from H1 to EB1? Or it’s a high risk

- Case C: if I get both L1A stamped and selected H1 lottery (as I am aware I can have only 1 status), which is preferable” Go for H1 stamp and enter US with H1B status or L1A status? In this case my L1A would be VOID once I go for H1B stamping

Risks I anticipate:

1) With a L1A, though my I-140 will be approved and I will have 2 years for Visa status to work in US, I have to leave US in 2018 Jun provided I get my Green card in EB2, which is very unlikely

2) If L1 A did not go through and H1 is approved (Lottery + Visa approval), worst case in I-140 is delay then I have to exit the country I in Jun 2017, perhaps H1 will max out (6 years).

What’s the experts view and advice.

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