AOS

An e-mail from my employer's HR department has caused me a concern today.

I was and am on L1A "multinational executive" (if I recall the right definition) category. The greencard process (EB1 category) has been started and at this point I140 is approved and I485 (including I765 and I131) is in progress, biometrics just done.

In e-mail from my HR deparment I was surprised to find out that they are proceeding to changing my visa status from L1A to H1B, on the basis that when my L1 expires in 2013 I do not run out of status and able to extend on H1 if I do not have the greencard approved at that time.

My immediate reaction is a concern with the following questions:

1. Will the change in status from L1A to H1A cause a void of my current I485 causing to start I485 from scratch?
2. If not (to the above), will the change in status from L1A to H1A cause my I485 to shift from EB1 to EB3?
3. Could this visa status change create a trigger for any delays in my AOS process on the US immigration side?
4. Will my spouse's (L2) EAD that is based on my L1 status become not valid if my status changes from L1 to H1?
5. What is a good reason for a company to incur extra costs to take this step when I am 3 years away from my L1 expiration and I am about to receive my EAD, AP and GC at some point this year? I cannot understand the intentions of my company here.

I would greatly appreciate if somebody can shed some light on this.
Thank you for your time.

Bob

Can't answer your other questions and moved this to the visa section where it'll get better help, but 4, yes, it'll be void as she'd then no longer have a valid reason to hold the EAD as she'd need to changer her status to H4 as she'd have no reason to be L2 once you change.

You might want your own lawyer to ask questions to because the company one is not your lawyer but the companies and is looking out for their interest and not yours and could be just keeping you around without getting a greencard if that is what they want.

Socal Local

No

No, although many people who get EB1C green cards have L1A visas it is not a requirement for using this category.

I don't know the answer to this one - it is difficult to say given the unpredictable nature of processing times in the first place.

Yes, but this won't be a problem so long as she has the EAD from the AOS by the time the switch is made. Since H1-Bs are currently unavailable, I am assuming they are looking at applying in April which would be an October switch, so if you have already had the biometrics done your spouse should have the EAD by then.

I don't really understand this either. The only thing I can think of is if they have some concerns about the strength of your EB1C case, maybe the H1-B is a back up plan in case you do need to file in a different EB category. Maybe it would then make sense to file for the H1-B now, just in case they go back to a lottery situation again in future years. I think this would definitely be worth clarifying with the employer/their attorney though as it does seem a little strange.

AOS

Thank you. This is very helpful.