MsElui

Can anyone give me a quick 'overview' of the steps needed to get a GC if on a L1A? (and by steps i mean company fills in a form for xx purpose) The HR department have said something along the lines of 'have to prove we have advertised the role externally etc' but i thought this was the type of thing needed for an H1a visa. I could see it being possibly needed for the labour certification of a L1b - but i had imagined that it wouldnt be quite so onerous for an L1A? Or am I barking up the wrong tree?

I would love to be able to go back to them and say - nope all you need to do is complete X Y and Z with a justification as to why the employee is right for the role and that would be it - but maybe i have a far to simplistic view of the process? can anyone enlighten me?

Socal Local

It does sound like the HR department is talking about labor certification which should not be required if they are applying for a green card in the EB1C category.

My understanding is that there are just two parts to the process for EB1C:

I-140 - the employer's petition for an immigrant worker. This includes lots of supporting documentation about the role (here and in the UK) and information about why they need to employ an immigrant worker to fill the role. It may be possible to re-use some of the material submitted for the L1-A.

I-485 - adjustment of status for your husband and the rest of the family. For this I think there was a biographic form to fill in and then the medical to be done.

I would make sure the HR department is talking to a good immigration attorney.

sambapink

MsElui... I didn't realise you were going through the same process as us.. and I think you have been here just about a year too right..?

I thought the same as you - that OH's company didn't need to go through the 'labor certificate' part.. OH's company have just handed over to their Immigration Lawyer who dealt with out L visa's and my EAD.. She seemed very on the ball.. so here's hoping -

cpe111

This page and the associated links on the right may be of use to you

http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

MsElui

yes we arrived Mid October.

Great - thanks for that!
Actually its my husband who is the L1A - im just the dependant who insists on reading up on the process and not relying on Human Refuse who sounds like they dont know their arse from their elbow. It would be far better if I could soeak to the department direct but instead I have to try and explain it to my husband and hope he pushes them.

Its looking a lot more promising than it did last week though

pejpm1

Anyone know if it's particularly hard to convert from an L1B to an L1A? I know a guy that did it recently and he doesnt manage any staff but is a fairly key person for the company he works for. He said it isnt too hard as long as the company are willing to to spend money justifying it. For example, I manage a system used for our trade capture process but I dont actually have any staff. If my company are willing to spend the money on converting me and beefing up what I do to make it sound more advanced, is it a relatively straightforward process? Also, can I get an L1A without a degree?

meauxna

I've lost track of the threads but remember seeing this mentioned. Search on 'functional manager'. The search is working here again (mostly).

Socal Local

I have converted from L1-B to L1-A but in my case I should have been L1-A from the outset as I was in a managerial role in the UK and still am in the US and it was only because the company had not done immigration stuff before and did not supply all the necessary information to the attorney that I ended up with an L1-B.

It is worth noting though that it is not a requirement to be an L1-A to qualify to file for a green card under EB1C - it is just that because the requirements are so similar most people are L1-A. My employer went ahead and filed the I-140 whilst I was still L1-B and I only switched to L1-A at the point of renewal of the visa petition.

I don't know much about qualifying for EB1C if you do not have staff although I know there was another poster on here that said this is what her husband was doing and the key thing was to demonstrate that he was a 'functional manager'. If however you need to be 'beefing up what you do to make it sound more advanced' I would tread very carefully and get advice from the company's immigration attorney.

MsElui

think ChicagoJlo's husband switched from a L1B to a L1A sucessfully too.

Socal Local

It was chicagojlo I was thinking of whose husband was doing the functional manager thing too. I haven't seen her posting on here for a while though.

meauxna

Just had a note from her; she had to step back from the group but is doing well.

cpe111

I came here on L1B and converted to L1A based on job responsibilities - my employers definition of Manager differed somewhat from USCIS definition of manager.

http://www.uscis.gov/propub/ProPubVA...ae1314562f7611

sumarises the USCIS requirements for managerial positions.

sambapink

Oh thats good to hear thanks Meaunxa.. I had started a thread asking about her - glad to hear she is well.

tonrob

Pertinent to a couple of questions that have been raised so far:

- I was L1-A with no degree - there has been previous discussion on this and the outcome was everyone seemed to agree that none was required.

- My company arranged my GC with no Labo(u)r Certification. 10 months start-to-finish, albeit this was about 18 months ago. I never talked to our HR muppets about it - almost all my conversations were directly with their attorney.

MsElui

my husband (L1A) also has no degree (he does have an HND but dont think he even mentioned this in the paperwork)