L1B to L1A or L1B to GC Process

[manish364]

Hi,

i have L1B visa which is valid till APR 2014 but my 5 year period ends in Dec 2013.is it legal to stay to Apr 2014? Also how do i go about GC processing?
can i convert my L1B to L1A? or should i start GC process using L1B? if i have to start GC under L1B then do i need to apply GC under EB1 or EB3?

Thanks,
Mitesh

[raghvi]

Hi,

i have L1B visa which is valid till APR 2014 but my 5 year period ends in Dec 2013.is it legal to stay to Apr 2014? Also how do i go about GC processing?
can i convert my L1B to L1A? or should i start GC process using L1B? if i have to start GC under L1B then do i need to apply GC under EB1 or EB3?

Thanks,
Mitesh

If your physical presence in US on L1B status is completing 5 Years in Dec 2013 then you should not stay beyond that date even if you have a valid visa.

With H1 quota for this year already over, Converting to L1A seems to be the only option by which you can continue stay beyond Dec 2013. Whether your L1B to L1A gets approved depends upon your eligibility for the same.

GC can be filed any time as its for future employment, but the question comes that if you are not eligible for EB1 then it can take anywhere from 8-10 Years to get a GC in EB2/EB3 category, on which visa re you going to stay during those 8-10 Years??

Further, once on L1A technically you can apply under EB1 category, whether you get approved or not is a different matter.

This is my opinion not legal advice.

[nicoeppersma]

Further, once on L1A technically you can apply under EB1 category, whether you get approved or not is a different matter.

I would argue that this is the other way around. Once an L-1A you can apply under the EB-1c category, technically they can deny the petition, but that is highly unlikely.

The EB-1c and L-1A requirements are so similar, that once you are approved as an L-1A, you are almost guaranteed to be approved. The USCIS Field Manual even warns adjudicators to prepare to defend themselves in court if they deny an EB-1c I-140 of an L-1A visa holder.

[raghvi]

I would argue that this is the other way around. Once an L-1A you can apply under the EB-1c category, technically they can deny the petition, but that is highly unlikely.

The EB-1c and L-1A requirements are so similar, that once you are approved as an L-1A, you are almost guaranteed to be approved. The USCIS Field Manual even warns adjudicators to prepare to defend themselves in court if they deny an EB-1c I-140 of an L-1A visa holder.

Well as per data :

In 2011 till July 2011 For Texas Service center out of 4888 EB1C applications 2808 were approved 336 were denied and 1059 are in RFE. So its not entirely true that all EB1C applications are approved. And I havent yet seen the data for July 2011 till date...

This is my opinion not legal advice.

[nicoeppersma]

Well as per data :

In 2011 till July 2011 For Texas Service center out of 4888 EB1C applications 2808 were approved 336 were denied and 1059 are in RFE. So its not entirely true that all EB1C applications are approved. And I havent yet seen the data for July 2011 till date...

But these statistics provide no information regarding the underlying information. The 336 denials could very well be due to the fact that the beneficiary was an L-1B visa holder in a managerial position. Or because the petitioner failed to provide documentation after an RFE. Or for any other reason. Or perhaps the adjudicators wife was on her period and the guy had a bad day. Also, it says nothing on whether or not the applications were for beneficiaries who are already in the U.S. (this is not mandatory since the I-140 is for future employment).

Go read the USCIS Adjudicators Field Manual, and then come back to provide another contribution.

[appuchan]

I have heard of many cases where L1A visa holders were denied EB1 category GC. They can defend it by saying that the duties performned by the applicant did not justify that status. A visa is granted based on the understanding that the applicant will perform appropriate tasks. However GC can be denined by saying that he did not perform it based on the documents submitted just as they can deny L1A extension.

[nicoeppersma]

I have heard of many cases where L1A visa holders were denied EB1 category GC. They can defend it by saying that the duties performed by the applicant did not justify that status. A visa is granted based on the understanding that the applicant will perform appropriate tasks. However GC can be denied by saying that he did not perform it based on the documents submitted just as they can deny L1A extension.

If the duties and responsibilities listed in the I-140 petition differ from those listed in the L-1A petition: then yes, I totally understand. However:

It is important to realize the difference between a blanket L-1A holder and someone with an individual petition. Under the blanket L-1A provisions, the visa application will generally be adjudicated on the consulate with only a few checks being performed. An individual L-1A petition will be adjudicated based on the actual tasks, duties and responsibilities. Since the L-1A and EB-1c requirements are very similar, acceptance of an individual L-1A petition will almost guarantee acceptance of a similar EB-1c petition. Acceptance of an EB-1c I-140 for a blanket L-1A visa holder is not that easy, given the fact that this will be the first time that the actual roles, tasks, responsibilities and organizational diagrams will be adjudicated against the requirements of the L-1A/EB-1c classification.

With the above in mind, let's look at the L-1B to L-1A "upgrade". When an employer files an amended petition to seek L-1A classification, the underlying petition will be based on that individual's history and current role. This, in short, means that the petition will also be converted from a blanket L-1(B) to an individual L-1(A). Taking this one step further: assuming the end-goal of this exercise is to achieve EB-1c classification, it is logical to assume that both petitions will be filed in a relative short amount of time, with practically the same content with respect to organizational diagrams, and roles and responsibilities. This then means that once the L-1A classification is granted, but EB-1C classification is denied when both petitions are very similar, the adjudicating officer will have to be very verbose in his motivation to deny, and even be prepared to face the courts (as noted, literally, in the Adjudicators Field Manual).

It is for this reason, my friends, that I keep insisting that after a successful L-1B to L-1A conversion, classification in EB-1c is almost guaranteed.

[Asking]

I complete agree with you statement, do you know anyone converted l1b to l1a and EB1c category.
I too have the same situation my L1A is approved in July 2013 after my L1B stay of 3 years, will can i apply EB1c category, my company asked me to file in EB3 category
iam really upset and sad, please help me out to clarify this.

Thanks

If the duties and responsibilities listed in the I-140 petition differ from those listed in the L-1A petition: then yes, I totally understand. However:

It is important to realize the difference between a blanket L-1A holder and someone with an individual petition. Under the blanket L-1A provisions, the visa application will generally be adjudicated on the consulate with only a few checks being performed. An individual L-1A petition will be adjudicated based on the actual tasks, duties and responsibilities. Since the L-1A and EB-1c requirements are very similar, acceptance of an individual L-1A petition will almost guarantee acceptance of a similar EB-1c petition. Acceptance of an EB-1c I-140 for a blanket L-1A visa holder is not that easy, given the fact that this will be the first time that the actual roles, tasks, responsibilities and organizational diagrams will be adjudicated against the requirements of the L-1A/EB-1c classification.

With the above in mind, let's look at the L-1B to L-1A "upgrade". When an employer files an amended petition to seek L-1A classification, the underlying petition will be based on that individual's history and current role. This, in short, means that the petition will also be converted from a blanket L-1(B) to an individual L-1(A). Taking this one step further: assuming the end-goal of this exercise is to achieve EB-1c classification, it is logical to assume that both petitions will be filed in a relative short amount of time, with practically the same content with respect to organizational diagrams, and roles and responsibilities. This then means that once the L-1A classification is granted, but EB-1C classification is denied when both petitions are very similar, the adjudicating officer will have to be very verbose in his motivation to deny, and even be prepared to face the courts (as noted, literally, in the Adjudicators Field Manual).

It is for this reason, my friends, that I keep insisting that after a successful L-1B to L-1A conversion, classification in EB-1c is almost guaranteed.

[Manshasaxena]

I complete agree with you statement, do you know anyone converted l1b to l1a and EB1c category.
I too have the same situation my L1A is approved in July 2013 after my L1B stay of 3 years, will can i apply EB1c category, my company asked me to file in EB3 category
iam really upset and sad, please help me out to clarify this.

Thanks

I had my L1A approved this April 2014 after my 3 years of stay as L1B. My GC was also filed along with L1A in Dec 2013 under EB1C category, but unfortunately, my I140 has been denied after RFE reply. Please let me know what options do I have. Should I file MTR or should I file fresh I140 ? My L1A is valid till Jan 2016 which is when my 5 years are ending.

[the_rising_sun]

[GC filing] L-1B to L-1A or H-1B

Hello All - using this thread since my case is somewhat similar. Request urgent help as i am already falling short of time -

Need help in choosing the right path ahead. Ultimate intention is to get a GC. My 5 yr period on L-1B is maxing out next year in March 2017. At the same time, even my i-94 is expiring. Now i am left with 3 options so please suggest which one to choose -

1.) I assumed role of a manager couple of months back and therefore, my company is ready to get my visa type converted to an L-1A. If L-1A gets approved, can i get GC initiated after 1 year of work in a managerial role? I do not have managerial experience outside of the U.S.

2.) Get my company do H-1B for me and then take a chance with the lottery system this year. In parallel, file for GC in EB-2, basically go for LCA and i-140. If H-1B does not get picked up this year, have them again apply an H-1B next year which would be m 6th year in the U.S. If i am lucky enough to get it picked through lottery next year, I can only start working on that visa from Oct'2017 onward. But after Mar'2017 since my L-1B would max out, i would be out of U.S. So, can i come back in Oct'2017 considering H-1B gets maxed out after 6 yrs which in my case would be Mar'2018. So, by Mar'2018, if even my LCA is received, i would be in the position to apply for 1 year extension on H-1B even beyond 6 years. In case if i-140 is received, i can apply for 3 yrs extension.

3.) If option#1 is not feasible (although i think it is), then either return back to native country in Mar'2017 or Mar'2019 if L-1A is approved and then return back after 1 year cooling period.

4.) Any other option like porting of EB-2 to EB-1 at a later stage? Is that even feasible in my case?

I want to avoid going back to the native country since chances of my employer re-applying a visa for me is very less.

Please suggest.

[Libra_14]

Need help in choosing the right path ahead. Ultimate intention is to get a GC. My 5 yr period on L-1B is maxing out next year in March 2017. At the same time, even my i-94 is expiring. Now i am left with 3 options so please suggest which one to choose.

I think the right path is to file EB2 & get the I94 renewed as soon as possible. You may not be able to return to your home country, until the decision is made on the EB2 application. But you can continue to stay there.

Not a legal advise.

[the_rising_sun]

L1B to L1A or L1B to GC Process

I think the right path is to file EB2 & get the I94 renewed as soon as possible. You may not be able to return to your home country, until the decision is made on the EB2 application. But you can continue to stay there.

Not a legal advise.

Thanks @Libra_14.

On which visa are you suggesting that EB2 be filed? Also, with "renewing i94", do you mean to say L-1B to L-1A visa conversion OR change of status to H-1B? My 6 years would be over in Mar'18.

Also, in what phase is a decision made on EB2? Is it after i140 approval or i485 approval?

[Libra_14]

Once you file for EB2 & you get the application receipt number, you can request for an extension of stay - A new I94 will be issued to you which will expire approximately the same date as the EB2 response is expected.

You can legally stay there until you get a positive or negative response on your EB2 application.

[the_rising_sun]

L1B to L1A or L1B to GC Process

Once you file for EB2 & you get the application receipt number, you can request for an extension of stay - A new I94 will be issued to you which will expire approximately the same date as the EB2 response is expected.

You can legally stay there until you get a positive or negative response on your EB2 application.

Hi Libra_14 -

Extension of stay is only possible on H1B right? My 5 year period for L-1B is getting over in Mar'17. My current concern is which visa type should i be focusing on? Is it getting converted from L-1B to L-1A or changing status from L-1B to H-1B? Which would be more beneficial for the long term in order to get GC process going without me having to go back to my home country? Also, in my case, my COB is India so we are looking at at least 7-8 yrs for EAD on EB2 which only seems to be possible on H1B?

Is there an option of applying GC in EB1 after visa conversion from L-1B to L-1A? I do not have any managerial work experience outside of the U.S.? But, can i wait for 1 year being on L-1A and then applying GC in EB1?

[Libra_14]

Extension of stay is only possible on H1B right?

No, you can request for EOS, while your EB2 application is under processing.

My 5 year period for L-1B is getting over in Mar'17. My current concern is which visa type should i be focusing on? Is it getting converted from L-1B to L-1A or changing status from L-1B to H-1B?

Since you have a choice, better to go for L1A - but it will give you extension for 2 years only. L1A have 7 years of period, out of which you already completed 5 years on L1B.

Which would be more beneficial for the long term in order to get GC process going without me having to go back to my home country? Also, in my case, my COB is India so we are looking at at least 7-8 yrs for EAD on EB2 which only seems to be possible on H1B?

For GC, the best way is to go for L1A now & file EB1c within 2 months & if all goes well, you'll have your GC in your hand in 6 months.

Is there an option of applying GC in EB1 after visa conversion from L-1B to L-1A? I do not have any managerial work experience outside of the U.S.? But, can i wait for 1 year being on L-1A and then applying GC in EB1?

Apply for L1B to L1A conversion as individual petition

Hope that helps.

- Not a legal advice, just MY opinion.