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L-1A to EB-1C - Possible with different company ?

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  • L-1A to EB-1C - Possible with different company ?

    I have a total of 11+ years of experience. I am currently in the US on L-1A (more than 1 yr) in a managerial position. My employer won't file for a GC. Hypothetically, if I find a employer B who wants hire me, can this employer B apply for a GC in EB-1C ? If yes, what is the usual time for the process to complete? Any risks ?

    If no, what options do I have?

  • #2
    if your current employee doesnt want to do it you need to ask them why? usually companies like to retain personnel so they might want to wait a little longer but you need to have a word with them about this. they are under no obligation to apply for a GC for you without having some agreement because you could leave and join another company afterwards

    now if you want to join another company, the new company has to file another petition for you for L1A .

    ideally, it would be better to wait some time whether company a or b, because ** yr time seems a little less to apply for a GC and the case would not be strong enough. its not impossible but not recommended

    better to take a professional advise with some 3rd party immigration attorney (not your company attorney) to see your options

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    • #3
      I am not sure if you can change employer on L1A. L1 visas are tied to your company, and hence you lose your legal alien status the moment you leave your employer.

      If you really need a GC, you can look at options of converting to H1B, but then your Labour Clearance might take a while for obtaining a GC.

      So you might want to reconsider your decision about leaving your current employer. Try and see if you can negotiate better with them, give it time. People approving your GC might change in the long run and that might bring some good luck to you .

      If you want an L1 from a different company, you will need to return to your home country, get a new job, WAIT FOR 1 YEAR, and then apply for L1A - and there is no assurance that your visa will be approved again.

      So think rationally and pick up the option you think suits you best.
      Last edited by me_shaan; 02-15-2015, 05:44 AM.

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      • #4
        L-1A to EB-1C - Possible with different company ?

        Cheers@1- you can't file L1A with another employer unless you worked with them at least for a year outside United States.

        Here I want to explore options to convince them. They can easily say why are you in hurry when you have 6 more years of visa.

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