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Minimum Time period before filing i 140 for L1A

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  • Minimum Time period before filing i 140 for L1A

    Do we have any minimum period for L1A to file i 140 in Eb1c.

    Let me explain, if I have L1A and landed in Jan 2023 / started working can my company / attorney can file i 140 in EB1C by March - June 2023 or we need to wait for 12 months working in the US.

    Quick background : I have previously worked in L1A for a different employer 2 years back for a period of 6 years ( no I 140 filed at that time).

  • #2
    I dont think so, all depends on the your employer internal approvals and attorneys. If you landed in Jan, immediately you can request legal team to initiate the paper work. i am also on the same boat, my tentative landing in US on Sept 1st, but my plan is to completed all internal approvals before September and be ready to file by end of sept or early in October.

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    • #3
      Thank you.. so you are planning to land Sept 2023 and initiate the process in Oct 2023 means getting the i 140 filed by Oct 23 timeframe.

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      • #4
        Thats correct, thats is the plan i agreed with my legal team

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        • #5
          Legally there is no such requirement for the applicant to be in USA to initiate GC under EB1C (aka Form I140), you can file for Form I140 today itself. Holding L1A visa in hand just save you from some scrutiny or background check as this gets completed while your L1A gets issued. You can file for Form I485 once you are in USA, or can choose to get your green card through consular processing abroad.

          Reason, eligibility requirement for EB1C and L1A are almost identical. Hence if you hold L1A you are almost eligible for EB1C.

          The sooner you apply for your Form I140 (priority date), the better you stand in queue to get your GC in hand.
          - 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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          • #6
            Hi Libra : Thank you so much, highly appreciated.

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