hypascend

Thanks.

They have been searching for over a year for someone and they asked of I would be interested in transferring. Whilst we are interested there is no urgency or desperation. This has been discussed for 5 months now and I am really questioning everything, it is going slow but we will get there.

hungryhorace

I think that's complete bollocks myself.

1. My L-1A was approved in around 5 days and I wasn't even a manager at the time of my transfer. I became a manager when I transferred.

2. Given you work for a large bank, I cannot believe they don't already have an L-1A blanket petition already in place with USCIS, allowing you to just apply directly to the Consulate for your L-1A visa.

hypascend

I completely agree Hungryhorace, it is complete bs. Yes they do have blankets in place, they are just being conservative(read lazy).

However as I say the L-1A is not my concern it would be the EB-1C that I would be after and I just think they would screw it all up considering how little they seem to want to put forward for the functional manager.

hungryhorace

Like you say, that's the bigger picture concern, as you don't want to get out here then not be able to adjust status to LPR, or have it buggered up for you by your company.

When I relocated here, I relocated on an L-1A, though didn't bother negotiating a GC application further down the line as I knew I would only stay here if I married my (USC) wife - which I did, and successfully adjusted status via marriage to a USC. You don't have that 'luxury', so as you note, extremely important you have faith that this will be handled for you.

As another aside, I've known a few other friends who have transferred here on H1-B visa's and it took them around 7 years before their company finally managed to obtain them permanent residency! I couldn't live in such a temporary status for that long (I couldn't even manage a year!) and I'm sure you wouldn't wish to either.

MCDesi

Was it because you were taking up a role as a Manager on moving the US that you qualified for an L1A? I am going from being a Manager in the UK to an Individual Contributor (Project Manager) and attorney is telling me I have to apply for L1B. I'd prefer L1A for GC reasons.

hypascend

Absolutely, I am not overly happy having the Labor process in the mix for the EB-2 category, but I have little choice. Initial thoughts are 18-24 months providing no issues. So providing the repatriation is good enough the worst that can happen is we have to come home.

L-1A requires you to be a manager in the US, whereas EB-1C requires you to be a manager/exec in the UK for a year and then doing a managerial/exec job in the US. However as a PM you might qualify for L-1A, but like me you are at the mercy of the attorneys, who IMHO are lazy and greedy.

MCDesi

Thanks - I'll try and persuade them if I can. Do you know if the L1A failed and they then applied for an L1B instead do they pay twice or would they just reject the L1A and issue the L1B instead if that was the appropriate classification?

hungryhorace

I moved from an individual contributor in the UK to a Manager in the US, correct. That allowed USCIS to approve my L-1A.

Frankly, I'm *amazed* they're trying to push you down the L-1B route when a Project Manager could easily be considered a managerial function.

hungryhorace

The Consulate can't issue an L-1B when an L-1A has been applied for. You would need to start again, from scratch (ie, a new set of costs) when applying for the L-1B.

MCDesi

OK thank you. This is probably why they're pushing me down the L1B route in case the L1A gets rejected. As per OP it's a battle to get the attorneys to agree to things. Will keep pushing to see if they and my company will let me try for L1A.

hungryhorace

FWIW, our attorney's told us different. They advised us to go for the L-1A as it was easier to be approved than the L-1B. The information required for an L-1B is pretty significant you realise?

MCDesi

Yes I've seen that - the whole "Specialized Knowledge" thing. Hopefully the fact that I am currently a Manager and if it easier to get an L1A especially as going to be Project Manager (thought that's not the official job title) may work in my favour. I have yet to have a direct conversation with the attorney but as soon as I do I'll be having these conversations.

Sorry to hijack your thread OP.

H Bomb

Would it not be down to what the immigration lawyer decides is best based on your job description that is submitted?

hungryhorace

I completely concur with your thoughts.

MCDesi

Yes I guess so - just want to state my case and rationale and then see where it goes. Bottom line is that the company will make me apply for whatever the attorney says is the best option.