L1A to H1B - Need Advice

[suresh1980]

I am 5th year of my L1A, after a long struggle my company agreed they file my GC in EB1 Category.I had few questions please help me out to take decision


1) As everyone knows, Priority date for EB1 is 2015 even though i start my I140 my priority date will fall under April 2020(as the company will take time to initiate the process).I cannot stay back after 2022.Is there a chance ,whether it will be current before two years?

2) If i travel back to india , may be another 3 years if it becomes current, can able to file I-485 from india and get the GC from India?

3) I i get my I-140 approved with EB1, can we convert to H1b next year with EB1 Category? In H1b , EB1 will continue?

4) Process time for I-140 for EB1 ,since we dont have premium processing

Awaiting for your inputs

Thanks,

[scientist2016]

1. No one knows, but "unlikely" would be a good bet.
2. I485 is filed for AOS i.e, you have to be within the US to file it. Yes, you can continue the process and get your GC while in India via consular processing.
3. Your H1/L1 and GC are two completely independent processes. So, no you cannot "convert" on the basis of a EB petition. Yes, EB petition and H1 are independent of each other and hence EB petition will/can exist even if you leave the US.
4. Hard to say, but people usually quote ~1yr. as I140 processing time when filed under EB1C.

[suresh1980]

Thanks Scientist2016 for your response


2. I485 is filed for AOS i.e, you have to be within the US to file it. Yes, you can continue the process and get your GC while in India via consular processing.
Only with I140 approved and going back to india, can we file 11485 in india believing without 1485 we cannot process the GC as per my understanding.Could me help me understanding , what will be process of getting GC , while in india with approved I-140.

3. Your H1/L1 and GC are two completely independent processes. So, no you cannot "convert" on the basis of a EB petition. Yes, EB petition and H1 are independent of each other and hence EB petition will/can exist even if you leave the US.

Just confused, are you saying i can't able to use my approved I-140 with EB-1 while converting from L1A to H1B. My Plan is to apply i-140 and get it approved from L1A and convert into H1b and using I-140 for extension indefinite.

[Libra_14]

Only with I140 approved and going back to india, can we file 11485 in india believing without 1485 we cannot process the GC as per my understanding.Could me help me understanding , what will be process of getting GC , while in india with approved I-140.

I485 is for AOS, which means Adjustment of Status. Which in turn means you need to have a valid status in USA to adjust it. If you are not in USA, then you don't have a status & hence you cannot adjust it. So I485 is not for you if you are not in USA.

Instead, if you are outside USA, you can still apply for GC as consular processing (which is equivalent to I485).

Just confused, are you saying i can't able to use my approved I-140 with EB-1 while converting from L1A to H1B. My Plan is to apply i-140 and get it approved from L1A and convert into H1b and using I-140 for extension indefinite.

You'll need to apply for an fresh H1B, get it stamped & then fly back to USA & then file for I485 once you are in USA & your PD becomes current.

[appuchan]

Thanks Scientist2016 for your response


2. I485 is filed for AOS i.e, you have to be within the US to file it. Yes, you can continue the process and get your GC while in India via consular processing.
Only with I140 approved and going back to india, can we file 11485 in india believing without 1485 we cannot process the GC as per my understanding.Could me help me understanding , what will be process of getting GC , while in india with approved I-140.

3. Your H1/L1 and GC are two completely independent processes. So, no you cannot "convert" on the basis of a EB petition. Yes, EB petition and H1 are independent of each other and hence EB petition will/can exist even if you leave the US.

Just confused, are you saying i can't able to use my approved I-140 with EB-1 while converting from L1A to H1B. My Plan is to apply i-140 and get it approved from L1A and convert into H1b and using I-140 for extension indefinite.

2. You have to go through consular processing to get GC with an approved I-140. I-485 is used for AOS for those who reside in US. Refer https://www.uscis.gov/greencard/consular-processing

After converting to H1 visa, you may be able to keep the priority date and use the I-140 to get EAD.