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Can I change from L1B to L1A and apply for GC

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  • Can I change from L1B to L1A and apply for GC

    Hi,

    I was working in the capacity of manager from July 2015, and moved to US in January 2017 on L1B. My L1B petition expires in Dec 2019. Can I change my L1B to L1A at renewal and apply for GC in EB1C category?

    FYI, I was managing a team of around 6-7 resources from Jan 2014, and was responsible for their appraisal and promotions.

    My second question is Can i directly file for GC from L1B in EB1C category?

    Thanks

  • #2
    Originally posted by AzmiSubhani View Post
    Hi,

    I was working in the capacity of manager from July 2015, and moved to US in January 2017 on L1B. My L1B petition expires in Dec 2019. Can I change my L1B to L1A at renewal and apply for GC in EB1C category?

    FYI, I was managing a team of around 6-7 resources from Jan 2014, and was responsible for their appraisal and promotions.

    My second question is Can i directly file for GC from L1B in EB1C category?

    Thanks
    Yes
    Yes.
    Your current status and GC are two independent things. There is no rule that you can apply for GC under EB1C only if you are a L1A holder. By the same token, there is no guarantee that since you have a L1A, USCIS will approve your EB1C petition. They are not related.
    Just an opinion; Not legal advice.

    Comment


    • #3
      Originally posted by AzmiSubhani View Post
      Hi,

      I was working in the capacity of manager from July 2015, and moved to US in January 2017 on L1B. My L1B petition expires in Dec 2019. Can I change my L1B to L1A at renewal and apply for GC in EB1C category?

      FYI, I was managing a team of around 6-7 resources from Jan 2014, and was responsible for their appraisal and promotions.

      My second question is Can i directly file for GC from L1B in EB1C category?

      Thanks
      Better ask your lawyer for this kind of situation. But for me, you can apply for Change of Status from L1B to L1A, then apply for GC as EB1C. I had a friend that got an RFE because company applied for GC while he was in L1B visa. RFE was about job description, responsibility, how many people that he handle both onshore and offshore and how many years of being manager. The idea is better have L1A and apply for GC as EB1C so that you have strong case when USCIS review your case. Note that this is not a legal advise.

      Comment

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