Fast but Risky EB1C, or Slow and Steady EB3
May 17th 2012, 12:51 am
#1
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Joined: Aug 2009
Location: Boston
Posts: 8
Fast but Risky EB1C, or Slow and Steady EB3
Two years into my L1A stay in the USA, and - after a number of setbacks and delays - we're finally getting all the ducks in a row for a GC application.
So it should be a case of filing for EB1c, waiting a few months, and enjoying the benefits of legal permanent residency... except...
The company lawyer is advising against trying for EB1c. Apparently he's hearing about a huge increase in scrutiny of these applications, expects heavy RFEs, and rates the odds of success for my case at around 20%.
Now, the company wants me around, so they're willing to give this a shot, against the lawyer's advice, if I want to - as long as I'm willing to cover some of the costs if it fails.
The alternative, since I don't have a degree, is to fall back to EB3. 6 years, based on current priority dates, which will therefore probably take me beyond the end of the L1 window, so we'd have to consider a switch to H1B. The wife will not be happy to lose her EAD
The good news is that the EB3 option wouldn't come off the table if EB1c was tried and failed, so the only risk to me is really the delay and the cost.
So has anybody else come across this enhanced scrutiny of EB1c? Any idea what flags USCIS are looking for?
I dunno. A 20% shot still sounds pretty good to me... people do the GC lottery with lower odds, right?
So it should be a case of filing for EB1c, waiting a few months, and enjoying the benefits of legal permanent residency... except...
The company lawyer is advising against trying for EB1c. Apparently he's hearing about a huge increase in scrutiny of these applications, expects heavy RFEs, and rates the odds of success for my case at around 20%.
Now, the company wants me around, so they're willing to give this a shot, against the lawyer's advice, if I want to - as long as I'm willing to cover some of the costs if it fails.
The alternative, since I don't have a degree, is to fall back to EB3. 6 years, based on current priority dates, which will therefore probably take me beyond the end of the L1 window, so we'd have to consider a switch to H1B. The wife will not be happy to lose her EAD
The good news is that the EB3 option wouldn't come off the table if EB1c was tried and failed, so the only risk to me is really the delay and the cost.
So has anybody else come across this enhanced scrutiny of EB1c? Any idea what flags USCIS are looking for?
I dunno. A 20% shot still sounds pretty good to me... people do the GC lottery with lower odds, right?
May 17th 2012, 5:45 am
#2
Forum Regular
Joined: Oct 2011
Posts: 192
Re: Fast but Risky EB1C, or Slow and Steady EB3
The GC lottery takes 5mins and does not cost anything. Your lawyer is right. I tried to get mine to do an L1 followed by an EB1C and he is reporting L1 cases which ordinarily would have been granted now getting an RFE. If you dont mind putting your legal costs at risk then I say EB1C
May 17th 2012, 8:40 am
#3
BE Commentator
Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,427
Re: Fast but Risky EB1C, or Slow and Steady EB3
General comments:
Many cases are quite fact specific. Your question here does not give necessary facts.
Nothing wrong with second opinions.
When I was in practice, it was not uncommon for people to ask which alternative was "best" and the correct answer was "both." I once had a case where my opinion was that the case was a strong EB-2 "NIW" case and also a weak EB-1 extraordinary ability case. We did BOTH I-140's. What I considdered the weak case was approved almost overnight and the NIW generated the RFE from Hell.
A failed EB-1 can put sometimes put the L-1 at risk.
YMMV
Many cases are quite fact specific. Your question here does not give necessary facts.
Nothing wrong with second opinions.
When I was in practice, it was not uncommon for people to ask which alternative was "best" and the correct answer was "both." I once had a case where my opinion was that the case was a strong EB-2 "NIW" case and also a weak EB-1 extraordinary ability case. We did BOTH I-140's. What I considdered the weak case was approved almost overnight and the NIW generated the RFE from Hell.
A failed EB-1 can put sometimes put the L-1 at risk.
YMMV
May 18th 2012, 7:18 pm
#4
Account Closed
Joined: Jun 2008
Posts: 760
Re: Fast but Risky EB1C, or Slow and Steady EB3
Two years into my L1A stay in the USA, and - after a number of setbacks and delays - we're finally getting all the ducks in a row for a GC application.
So it should be a case of filing for EB1c, waiting a few months, and enjoying the benefits of legal permanent residency... except...
The company lawyer is advising against trying for EB1c. Apparently he's hearing about a huge increase in scrutiny of these applications, expects heavy RFEs, and rates the odds of success for my case at around 20%.
Now, the company wants me around, so they're willing to give this a shot, against the lawyer's advice, if I want to - as long as I'm willing to cover some of the costs if it fails.
The alternative, since I don't have a degree, is to fall back to EB3. 6 years, based on current priority dates, which will therefore probably take me beyond the end of the L1 window, so we'd have to consider a switch to H1B. The wife will not be happy to lose her EAD
The good news is that the EB3 option wouldn't come off the table if EB1c was tried and failed, so the only risk to me is really the delay and the cost.
So has anybody else come across this enhanced scrutiny of EB1c? Any idea what flags USCIS are looking for?
I dunno. A 20% shot still sounds pretty good to me... people do the GC lottery with lower odds, right?
So it should be a case of filing for EB1c, waiting a few months, and enjoying the benefits of legal permanent residency... except...
The company lawyer is advising against trying for EB1c. Apparently he's hearing about a huge increase in scrutiny of these applications, expects heavy RFEs, and rates the odds of success for my case at around 20%.
Now, the company wants me around, so they're willing to give this a shot, against the lawyer's advice, if I want to - as long as I'm willing to cover some of the costs if it fails.
The alternative, since I don't have a degree, is to fall back to EB3. 6 years, based on current priority dates, which will therefore probably take me beyond the end of the L1 window, so we'd have to consider a switch to H1B. The wife will not be happy to lose her EAD
The good news is that the EB3 option wouldn't come off the table if EB1c was tried and failed, so the only risk to me is really the delay and the cost.
So has anybody else come across this enhanced scrutiny of EB1c? Any idea what flags USCIS are looking for?
I dunno. A 20% shot still sounds pretty good to me... people do the GC lottery with lower odds, right?
Thats exactly what my lawyer told me, before we submitted an EB1(c) but he also said, to me words along the lines of...'but you have an excellent company and a fairly good chance of being successful, so I will make sure that we provide USCIS with lots of solid information for a good petition' he didnt base his whole decision on 'hearing lots of stories'
also if they have previously approved an L1, it isnt impossible
Ok the Eb1 is a different animal but it is still based on pretty much the same principals. Although for the green card it is 'prospective in nature'
I would talk to your lawyer again and ask him how solid he thinks your company is.
Last edited by goldenstate31; May 18th 2012 at 7:21 pm.
