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L1A to Green card after being in L1B for 5 years

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  • L1A to Green card after being in L1B for 5 years

    I had 3 L1B visas stamped in last 7 years. I had travelled to US 6 times, stayed there for sometime, come back and work in India until next project needs me in US. I have accumulated 5 years in L1B. I never stayed one full year in India. The max time in one stay I had in India in the last 7 years is 10 months.

    I had travelled back to India in Dec 2011 when I was about to finish 5 years. My company applied for a L1A visa as I was promoted last year to a senior management position and I have got the visa in Feb 2012.

    To qualify for a green card in L1A through EB1-C category should I work in India for year and then go back or can I go back now(Mar2012) given that L1A approval requires 1 year outside US in last three years in managerial capacity.

    In short, if I travel now(Mar2012) back to US will I qualify for EB1-C Green card processing given that I have not stayed in India for one year in the last three years. I have only 9months outside US(5 months in 2009, 3 weeks in 2010, 1 month in 2011, 3 months in 2012) in last three years.

    I have gone through the forums and dont find anyone with my case. Please advise.

  • #2
    Please help

    Can anyone please respond and help.

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