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Mistakes in L1A approved petition Form I-129S

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  • Mistakes in L1A approved petition Form I-129S

    Hello,

    My employer has made 2 mistakes while my filing my L1A extension last year.

    1. Classified as "Specialty Knowledge Professional" even though my abroad role was "managerial".
    2. Put work country as India whereas I was in Europe before coming to US.

    Now that my employer is filing my GC in EB1c category, attorney caught this and is posing this as RFE risk for I-140 approval.

    Can someone please advise if this is really a risk for I-140 approval?
    Also please advise if there is any way correction / amendment can be done to Form 129S?


    Appreciate your advice.

  • #2
    Urgent - need advise - GC- EB1 (L1A)

    I currently hold L1A visa. Last Year in Jan/Feb 2018, L-1A extension was applied and it was approved till feb-2020. However, when I saw the Form I-129S, I see two inaccuracies there.

    1. My last qualifying foreign position was "Managerial". Form I129S shows as "Specialized knowledge". My Letter of Support (LOS) and Resumes clearly stated that prior to US employment he performed "Managerial" role and duties in abroad assignment.
    2. Also Qualifying foreign employer name and address is incorrect, should not be India, as I was in Europe for 3 years before moving to US.

    Now my employer is planning to file GC in EB-1. While filing they are planning to put both (current and previous abroad) positions as “managerial”.

    1. Is it a right approach? Or do you see any risk associated with GC I-140 approval?

    2. Pls advise if u have any other suggestions, I’m looking for best option to move forward like - both (GC and correction) can be filed in parallel, or first get it corrected and then file GC (If yes, Is there a process to file correction in this now?) or correction not needed at all?

    Thanks in advance..

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