GC - using H1B or L1A

[gcq09]

Hi

I am currently on H1B Visa and my visa is expiring in oct'09. I have got 4-5 more months(so upto Mar'10) on my current H1 visa to expire for 6 years.

My company is ready to do the GC and I am a project manager from last 3 years and so they are ready to do it under EB1 category.

My question is that can they start the GC processing with my H1 or is it advisable to transfer my H1 to L1A and then do the GC under EB1 category.

Please advise.

[txh1b]

Ha, Project Managers as such don't qualify for EB1. Is your company a Matrix Organization? Do you have HR responsibilities?


PMs are generally responsible for the project only. L1A is also typically not possible for PMs.

[gcq09]

Actually I am a PM and am as well managing 10 people which includes their appraisals,salary revisions , career movement etc. So I think I will be eligible for L1A.

So with this information, as I mentioned in my original question, do you think that starting my GC with H1b under EB1 category or transfering H1B into L1A and then doing the GC under EB1 category is advisable?

Please advise. Thanks in advance.

[gcq09]

I need to discuss this with my employer on Monday. So request someone to please advise me on my above question.

Thanks in advance.

[txh1b]

Go with L1A as H1b will add more wait.

Under U.S. immigration rules, an “executive” does all of the following: (1) directs the management
of the organization or a major component or function thereof; (2) establishes the goals and
policies of the organization, component, or function; (3) exercises wide latitude in discretionary
decision-making; and (4) receives only general supervision or direction from higher level
executives, the board of directors, or stockholders of the organization.
A “manager” does all of the following: (1) manages the organization or a department, subdivision,
function, or component thereof; (2) supervises and controls the work of other supervisory,
professional, or managerial employees, or manages an essential function within the organization
or a department or subdivision thereof; (3) if another employee or other employees are directly
supervised, has the authority to hire and fire or recommend those as well as other personnel
actions (such as promotion and leave authorization) or, if no other employee is directly
supervised, functions at a senior level within the organizational hierarchy or with respect to the
function managed; and (4) exercises discretion over the day-to-day operations of the activity or
function for which the employee has authority.