GC initiated under EB2 while on L1B

[Tattva]

Hi All,

I have a peculiar problem on hand. My GC was initiated while I was in US in 2012 on L1B visa. Based on my exp and tenure in the company , attorney filed my PERM recently in EB2 category. ( March 2013 )

Now that my L1A is approved and I would be travelling to US shortly , I went ahead and requested my company to upgrade my GC to EB1 category which was shotdown and the reason being there is no way to upgrade the case which means they needs to file a new case for me under EB1 category ( True ?? )

Could anyone here advise on what is the best way to convert my GC from EB2 to EB1 ?

[immihelp]

File new EB1.

[nicoeppersma]

Hi All,

I have a peculiar problem on hand. My GC was initiated while I was in US in 2012 on L1B visa. Based on my exp and tenure in the company , attorney filed my PERM recently in EB2 category. ( March 2013 )

Now that my L1A is approved and I would be travelling to US shortly , I went ahead and requested my company to upgrade my GC to EB1 category which was shotdown and the reason being there is no way to upgrade the case which means they needs to file a new case for me under EB1 category ( True ?? )

Could anyone here advise on what is the best way to convert my GC from EB2 to EB1 ?

Your company can withdraw the EB-2 petition and refile an EB-1c petition. They can concurrently file the petition and your AOS (once you are in the U.S.) and you will most likely have a gc within 6 months.