EB1 Executive Transfer GC

[fathimatareen]

My husband and I used to work in the US on H-1B Visa’s and our GC was also filed through my husband’s firm.

However last year he was deputed to work in India as ‘Asian Director for Sales’ for their Indian subsidiary. About 6 engineers/ MBAs report to him in India and he is eligible to file for a green card in the EB1 ET category.His company will soon start working on this process. He completes one year of Foreign Service this month and we plan on going back to the US early 2011.

I have a few questions and will greatly appreciate your expertise in this regard:
1.Does an L-1 have to be filed and approved before the EB1 can be filed?
2.When the L-1 for my husband is approved does that enable me to work in the US without any other sponsorship? I ask because in the case of H1, both of us had to be separately sponsored by our respective companies.
3.Should we consider doing Counselor processing or Adjustment of Status?
4.If we choose ‘Adjustment of Status’, do we HAVE to be in the US when it is done?
5.If the answer to Question 4 is YES then would a short entry to the US suffice or do we have to stay there for a minimum period of time?
6. When this GC process is started,what happens to the old GC process that was started while we worked in the US on H1B's?