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L1a cos h1b

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  • L1a cos h1b

    Here is my current situation and I need some help in deciding the next course of action.

    · I work for a Employer A and I am on L1-A visa (valid up to Sep 2015). In April this year, I have filed for H1B thru’ Employer B. My application was picked up in the lottery and I got a confirmation from my attorney from Employer B that my H1B was approved on 7/2/2013. (with Change of Status option)

    · Now Employer A wants to file GC for me in EB1 category. I worked as a senior manager back in India for Employer A for couple of years before coming to USA.

    Now my questions are

    1> Will my L1A status become void automatically on Oct 1st and should I start working for Employer B from Oct 1st on H1B?

    2> What are my options of not starting with Employer B from Oct 1st ? (I mean deferring the start date, if possible)

    3> If my GC process thru’ Employer A gets started between now and Oct 1st, is there an option for me to continue working for Employer A (on L1A) until I hear the decision on my 485? (Can I apply for EAD in EB1 category?)


    *Employer A is a multi-national IT services giant with head-quarters in India. Employer B is an American consulting firm that employs more than 75% GC holders/Citizens.

  • #2
    Originally posted by 100573 View Post
    Here is my current situation and I need some help in deciding the next course of action.

    · I work for a Employer A and I am on L1-A visa (valid up to Sep 2015). In April this year, I have filed for H1B thru’ Employer B. My application was picked up in the lottery and I got a confirmation from my attorney from Employer B that my H1B was approved on 7/2/2013. (with Change of Status option)

    · Now Employer A wants to file GC for me in EB1 category. I worked as a senior manager back in India for Employer A for couple of years before coming to USA.

    Now my questions are

    1> Will my L1A status become void automatically on Oct 1st and should I start working for Employer B from Oct 1st on H1B?

    2> What are my options of not starting with Employer B from Oct 1st ? (I mean deferring the start date, if possible)

    3> If my GC process thru’ Employer A gets started between now and Oct 1st, is there an option for me to continue working for Employer A (on L1A) until I hear the decision on my 485? (Can I apply for EAD in EB1 category?)


    *Employer A is a multi-national IT services giant with head-quarters in India. Employer B is an American consulting firm that employs more than 75% GC holders/Citizens.
    1. Yes you need to work only with employee B from H1 start date.
    2.you need to be outside US before H1 start date and return only after that date on L1a visa.
    3. If EB1 is applied you can probably get GC within 1 year if things work out. But you need to do what is mentioned in point 2 above.

    This is my opinion. Not legal advice.

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