shullen

Thanks for introducing this. I've just email the lawyer to look into it.

If using the "functional manager" term, will that impact on the EB-1 process that follows?

TheCynick

No it shouldn't. I successfully filed an I-140 under EB-1(c) on the basis of a functional management position.

SanDiegogirl

I transferred to the US on an L1-A.

I was officially a Project Manager, and indeed did project manage software contracts, but I had no budgetary or hiring and firing responsibilities. I had no staff directly reporting to me, but worked with and controlled the work schedules of an engineering team. I was a functioning manager.

I, too, successfully filed and I-40 under EB1-c on the basis of this position.

We did however speak to the company's immigration lawyer and the Managerial aspects of the job were very much emphasised in the application for the Green card.

shullen

Please excuse me for being quite stupid here. The more I read on the forum, the more confused I got regarding the following two issues:

1. From L1A, is it a necessity to apply for EB-1? Can you file for I-140 straight away without EB-1? EB-1 is just another form of visa, isn't it? I thought the lawyer decide to apply for L1 rather than EB-1 is because it is easier to apply. Why are so many people here apply for EB-1 after L1A?

2. The criteria for qualifying under the L1A category is that the person has to be working for the company for more than a year. However, some are stating that one year has to be managerial experience. My husband has been working for the company for almost ten years. However, it is only in the past six months that he's been given some managerial responsibilities. The position offered by his company in US is a manager position which is why they file for L1A rather than L1B. Will his limited managerial experiences (even as functional manager) act as a big barrier in the visa application process?

Many thanks for any replies.

meauxna

EB-1 is an immigrant category. So, it can be either an Immigrant Visa or an Adjustment of Status category. If you are going to be an immigrant (green card) you need it one way or the other.
When people apply for "EB-1" after L-1A, they are probably adjusting status from inside the US vs going outside for a new visa.
Does that help?

shullen

Kind of. Are you confirming that you have to go through EB-1 before getting GC? Why on the forum from the process some people went through, they go directly to I-140?

Any help for my second question?

meauxna

I don't understand your follow up. The category OF "green card" is EB-1.
Example: When my husband immigrated based on his relationship to me, his green card category was "CR-1". I had to file a petition I-130 for him... employers file a petition I-140 for their applicant.

shullen

Thanks. Now I understood that it is the same thing. I thought permanent residency in US is similar in UK, which is a stamp on your passport. I didn't realise that it is considered as a visa.

I read it on some immigration lawyer's webpage that from L1A to GC, the applicant needs to have one year managerial experience prior to relocation to US. It doesn't affect L1A but will be required for GC. Is this correct?

meauxna

No, the document is not the same thing.. PR status is not evidenced with a visa sticker, but with a "green card".

If you apply for an Immigrant Visa abroad, it will be in the category matching one's sponsorship. My husband applied for an Immigrant Visa (CR-1). When he arrived in the US, the visa foil/sticker was endorsed and he was admitted in Permanent Resident status. He was a PR from his first day (you substitute EB-1 for CR-1). The green card is mailed to him. He had to wait outside the US until that visa application was complete.

Another way he could have accomplished this is if he was INside the US on another visa type, in your example, an L-1. He would apply to Adjust Status (AOS). At the conclusion of that application, his Permanent Resident status would be approved, and he would be a PR. The green card is mailed to him. He was able to wait INside the US until that application was complete.

2 routes to the same end conclusion, but different methods.


A visa by definition is a pre-clearance ticket to arrive at the border and ask for a very specific kind of admission. It doesn't address anything on the US side of the border, it is just a ticket to the door.

A I

Excellent point.


Please also note that Permanent Resident Status can be proven by other means, such as Endorsed Immigrant Visa, and Temporary Permanent Resident Stamp on your passport.

When folks with immigrant visas enter the country, The agent writes some stuff in their passport, and for a limited time, that endorsed visa proves your Permanent Residence status.

Also, If you Adjust status within the US, and request a temporary stamp, and the agent is kind enough to provide it to you, This stamp also proves your Green Card Status.

There are also cases where you may be in status, but you have no proof, such as a 10 year green card that has expired. Without a new card you have no proof, but you are still considered to be a Permanent Resident.

The card is very important as it proves your status, but the most important element is the underlying status that is proven. and that is that those who possess that status are Permanent Residents.

meauxna

Agreed. I didn't mention those other things because I think the point that is still missing is the difference between a "visa" and "status" once inside the US.

One can be a PR with no documents, similar to how one is a citizen of X country even if they do not have a passport.

A I

This is so true, and so misunderstood !!

I would venture to say it is one of the major sources of confusion among recent immigrants, and those intending to be. (How many times have you heard "I have visa that says B2 valid indefinetly. Can I move tomorrow? ")

shullen

Thanks for the detailed explanation. My husband's company has agreed to sponsor the L1 and L2 application for our family. After we arrive, they will then apply for GC for us when they can. Well at least, that's what we are hoping for anyway.

ian-mstm

With respect, if a specific date isn't in the employment contract, it'll likely never happen so don't hold your breath. Companies promise whatever they can to get you to do what they want... but when it comes time to pay the piper, they often forget that anything was ever promised. Get it in writing... and get a specific date by which they will start the GC process.

Ian

A I

Now is the time when you still have some leverage. If you let it go now, you will be in a really tough spot later if they don't own up.

I'm with Ian here. Do you best to get it in writing that they will apply for your Green Card by a certain date, or pay your moving back costs, (Or pay some other reasonable but painful cost ) this will "encourage" them to keep their end of the deal.

The time is now. later will be too late.

Best of luck !