L1-B to L1-A, Then GC

[ashrroy]

Hi There,

I am a Candian citizen currently here working on an L1-B visa as an engineer. I have a few questions:

-If I am promoted to a manager, would I then be able to update my visa to an L1-A?
-If it is changed, can I then stay here for 7 years total? (an extra 2 years beyond L1B)
-Once on L1A, can I automatically apply for a GC without labor requirements or do I have to still do the labor requirements as with L1B GC process?
-How long after converting to L1A can I then apply for a GC?

Thanks

Avrit

[scientist2016]

GC and L1 visas are completely different processes. Just because you are or you aren't on a particular L type visa does not dictate whether you need to go through labor certification or not. If you apply under EB1 your employer does not go through the labor certification process. Now employers usually file EB1C petitions for their employees on L1A, but that does not mean only they are eligible for it.
As mentioned before L1 and GC are completely different streams. So there is no requirement with regards to time regarding your GC application.

[ashrroy]

GC and L1 visas are completely different processes. Just because you are or you aren't on a particular L type visa does not dictate whether you need to go through labor certification or not. If you apply under EB1 your employer does not go through the labor certification process. Now employers usually file EB1C petitions for their employees on L1A, but that does not mean only they are eligible for it.
As mentioned before L1 and GC are completely different streams. So there is no requirement with regards to time regarding your GC application.

I'm L1B and not EB1C, I'll try again:

-If I am promoted to a manager, would I then be able to update my visa to an L1-A? Also EB1C? Please note I believe I qualify as a functional manager, "managerial capacity" should be covered.
-If it is changed, can I then stay here for 7 years total? (an extra 2 years beyond L1B)
-How long after converting to L1A and EB1C can I then apply for a GC?

[scientist2016]

I'm L1B and not EB1C, I'll try again:

-If I am promoted to a manager, would I then be able to update my visa to an L1-A? Also EB1C? Please note I believe I qualify as a functional manager, "managerial capacity" should be covered.
-If it is changed, can I then stay here for 7 years total? (an extra 2 years beyond L1B)
-How long after converting to L1A and EB1C can I then apply for a GC?

EB1C is not a visa type. It is a category under which your employment based GC is filed. So as I mentioned earlier, if you meet the qualifications for EB1C, your employer can file your GC under EB1C anytime. You need not be on a L1A visa to be able to apply for GC under the EB1C category.

[ashrroy]

EB1C is not a visa type. It is a category under which your employment based GC is filed. So as I mentioned earlier, if you meet the qualifications for EB1C, your employer can file your GC under EB1C anytime. You need not be on a L1A visa to be able to apply for GC under the EB1C category.

Ok thanks, one more question.

I've read in a few places that I need to have been in a managerial role outside the US for at least 1 of the preceding 3 years. It seems to vary between saying 3 years from present or 3 years from US arrival. I meet the managerial requirements, however, I arrived in the US in October 2014. Basically my timeline is as below:

Canada Sep 2012 - Oct 2014 - Managerial Role
Oct 2014 - Present - L1B in US
All with the same multinational corporation.

Because it has been 3 years since leaving Canada, is this OK still to apply for GC under EB1-C?

[scientist2016]

People typically interpret it as atleast 1 yr. in the preceding 3 yrs. prior to the petition date. I would say you probably qualify, but would suggest moving forward with your petition ASAP.

[sasvi]

Ok thanks, one more question.

I've read in a few places that I need to have been in a managerial role outside the US for at least 1 of the preceding 3 years. It seems to vary between saying 3 years from present or 3 years from US arrival. I meet the managerial requirements, however, I arrived in the US in October 2014. Basically my timeline is as below:

Canada Sep 2012 - Oct 2014 - Managerial Role
Oct 2014 - Present - L1B in US
All with the same multinational corporation.

Because it has been 3 years since leaving Canada, is this OK still to apply for GC under EB1-C?

You have to prove you were employed as a manager in at least 1 year of the 3 years before coming to US. Probably you will be eligible if you are also in the managerial role in US. However, it will be a challenge from my point of view to prove you are a high level manager. Your role seems like just a people manager...usually the EB1C is for managers of managers (and the last group managers of engineers) or functional managers for a relevant function in the organization. There are thousands of EB1C receiving RFEs because they cannot show they were not doing any task besides managing people / function.

You should go for the Green Card right now. Why do you want it in the EB1C? There is no difference in the processing times for Canada. Actually, after concluding the PERM/Labor certification, you can request I-140 in premium and adjust status...you can have your GC in less than 12 months. The EB1C is taking more than 12 months...sometimes 14 months...and there is no premium processing. If you want to change your visa to stay 2 more years, it is different but as for the GC process, do it under EB2 and you will be fine.

If I had the option for premium, I would go for it instead the EB1C. There are some advantages - as soon as you have your I-140 and your I-485 is pending for more than 6 months, you can change jobs. Only I-140 in Nebraska is taking 12 months at least...think before making any changes that will work against you in the future.