ADA_AKS

Ok, I more I read thru USCIS rules and other forums I get more confused.

Let me give you some background info.

I came to USA on December 2005, on L1B visa (Intra company transfer). Though I was a manager with large team size (60 people with multi managers reporting to me), I came with L1B. Recently we began the GC process. I started working with th company from 2003.

My company legal department suggested for L1B to L1A conversion and then go for EB1C filing for GC.

So we filed for status adjustment from L1B to L1A (Premium) couple of days before thanksgiving. I was told I will definitly get the L1A within 10 days. I am assuming I will get it.
But now as i read more in USCIS for the EB1C rule especially the following
"A multinational manager or executive is eligible for priority worker status if he or she has been employed outside the U.S. in the three years preceding the petition for at least one year by a firm or corporation and seeks to enter the U.S to continue service to that firm or organization."

Does this mean I am ineligible to get the EB1C category since I am in the US from last 4 years, even If I get my L1A? Or Even If i go for EB1C i still go thru PERM,140,485 rather than go directly to 140?

I am also worried If my L1A might get rejected

What is the other option? without leaving USA.

ADA_AKS

any replies?

Noorah101

None yet. I'd give it a few days. Definitely give it more than 40 minutes.

Rene

SusanPai

Whoever told you that you would "definitely get your L-1 in 10 days" should be placed in a small, dark and locked room for at least 10 days. That is a completely crazy assumption.

You need to speak with a lawyer in your legal department about this as you are asking for very specific legal advice. Switching from L-1B to L-1A can be tricky and the long term strategy of L-1A to an employment based greencard is not simple to elucidate in a public forum like this one and without the benefit of all the details of your particular case.

ADA_AKS

Agreed on small,dark room...

But what I want to know is the claus of last 3 years and 1 year in the managerial position. Though i definetly meet the manager criterion, but last 3 years is the trickly part, As I am in US for last 4 years.

My docs are filed with USCIS since 24th Nov and I am waiting for the update on L1A. Its filed under under premium processing and I am sure we will know of the result in next 10days (approved v/s denied)
What I want to know is, Is my interpretation of the eligibility criterion correct ?

ian-mstm

Hint: when an experienced immigration attorney tells you to speak to a lawyer in your legal department because switching from an L-1B to an L-1A is tricky, you should simply follow her advice.

Ian

scrubbedexpat099

I wish I could respond, but I am not a Senior. Or OAP.

I will leave it to them.

ADA_AKS

Thanks a lot for all the folks for taking time and replying.

I will be talking to our legal department tomorrow.
I just want to make sure I ask the right questions to them so as I get enough satisfaction on answers and discuss any alternatives I may need to follow.

I am not an expert on Immigration, so would be great to have some guidance and advice.


Thanks for the assumed help.

mandpete

My husband switched from L1B to L1A after living in the US for almost 5 years.
The lawyer dealt with everything and the whole process from L1B to L1A to Green Card took about 6 months. This was almost 3 years ago when green card applications were taking forever.

ADA_AKS

Folks thanks for the help.
I did check with our legal dept, they seem to be very certain of the case.
I also checked with couple of other folks who have gone thru similar case/timeline and am comforted.

Thanks for the feedback.

Will use this forum for further future use.

ADA_AKS

Folks i got approval for my L1A today.

A I

Congratulations !!!!

asim_

Hi ADA_AKS,

Congratulations on having L1A. Please let me know if you have received your EB1C?

I have same situations as yours and my lawyer is going to apply for the change from L1B to L1A and then to start processing for EB1C.

Asim

asim_

Thanks Sangiano for the information. Yes it's quite possible that ADA_AKA has posted his profile there too.

I wish that my application also processed in such a short time. Currently attorney is reviewing my applications and it will have following steps.

1. Chang of status from L1B to L1A
2. EB1C I-140
3. I-485

asim_

Posted L1A application on October 7th 2010 under premium processing and got approval on October 20th 2010.

My lawyer will now start working on EB1C I-140 application which is expected to be sent by mid of november. I will keep you informed about the updates. I am planning to self file i485 as a parallel processing because lawyers are charging too much. Any suggestion or advise?