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Effect of company restructure on L1A to EB-1C

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  • Effect of company restructure on L1A to EB-1C

    Hi All,

    (Edited as most of the initial text disappeared after I hit save)

    Just looking for some perspectives as I am struggling with some info i was given by the company HR team yesterday

    I work in the US based on an L1A visa, with the executive box ticked rather than the manager one (this is the correct box). The petition was based off a blanket L1 the company holds

    I've worked for the company for about 4 years: 3 were in Europe, and the last 9 months in the US

    The intent was to then i140 petition for an EB-1C green card, which doesn't require labor certification

    Yesterday i was told that because the European entity has spilt into 2 for Brexit reasons (now separate legal entities for the UK and EU) it has invalidated the EB-1C path and I must go though labor certification, which we are in the process of starting

    I'm a little confused, as all the legal entities I've worked for in the last 4 years'ish have the same company name , and are all owned by the same holding company. I asked HR for an explanation, and they couldn't give me a good answer

    Has anyone else come across this as well? and if so, can I get a simple answer on why? , and is there any advantage to jumping through the extra hoops of labour certification, as opposed to the straight to change of status route that was open when I made the move

    Last edited by mp67; 04-10-2019, 09:19 AM.
    TX Service Centre
    AOS (i485) PD 18 Feb 2020
    Fingerprints taken 6th Aug (after March appointment was cancelled)

  • #2
    Seems your HR is playing around. If EB1-C path is invalidated, then it should have same impact on your L1A visa as well
    - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

    If my opinion helping you, then please do click "like" button below.

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