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  • L1A / H1B / EB-1C Question

    Hi there,

    If anyone could help me unravel this situation I would appreciate it.

    - I am on an L1-A as a factory manager in heavy industry, I've been here 2.5 years
    - My employer would ordinarily (I am led to believe) sponsor a green card, however my company is in the throes of a merger and I am told no green card application until the merger is complete in a couple of months or so
    - At the same time, my factory risks closure in the immediate term and whilst indications are positive, there is no guarantee that they will move me to a post that furthers my career or even is managerial (and I don't actually know how that would impact my L1 status)

    My options it seems are these:
    1) Wait the merger out and see what happens and then ask my current employer again for green card
    2) Search for other employers under my understanding that if I am lucky they would sponsor a H1-B (application window is now open, timing looks to be OK)
    3) I'm not sure about this but maybe the "new" employer can apply directly for a green card on the back of the L1 of my existing employer, with no need for H1-B application

    Does anybody have any helpful comments, in particular if the 3rd point is viable / practically achievable?

    I am a little concerned that if I need to go the H1-B route, then that rules out an L1A --> EB-1C green card application and that I might therefore be shooting myself in the foot in terms of getting a green card sooner rather than later.

    Thanks,
    Steve
    Last edited by Steve1970; 05-07-2015, 10:41 AM.

  • #2
    Originally posted by Steve1970 View Post
    Hi there,

    If anyone could help me unravel this situation I would appreciate it.

    - I am on an L1-A as a factory manager in heavy industry, I've been here 2.5 years
    - My employer would ordinarily (I am led to believe) sponsor a green card, however my company is in the throes of a merger and I am told no green card application until the merger is complete in a couple of months or so
    - At the same time, my factory risks closure in the immediate term and whilst indications are positive, there is no guarantee that they will move me to a post that furthers my career or even is managerial (and I don't actually know how that would impact my L1 status)

    My options it seems are these:
    1) Wait the merger out and see what happens and then ask my current employer again for green card
    2) Search for other employers under my understanding that if I am lucky they would sponsor a H1-B (application window is now open, timing looks to be OK)
    3) I'm not sure about this but maybe the "new" employer can apply directly for a green card on the back of the L1 of my existing employer, with no need for H1-B application

    Does anybody have any helpful comments, in particular if the 3rd point is viable / practically achievable?

    I am a little concerned that if I need to go the H1-B route, then that rules out an L1A --> EB-1C green card application and that I might therefore be shooting myself in the foot in terms of getting a green card sooner rather than later.

    Thanks,
    Steve
    You pretty much have only option 1 as H1 window is already closed and another employer cannot file for your L1 and GC may take time.

    This is my opinion not legal advice.

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