H1 Processing When GC pending under L1A

[viva_1307]

Hi,
Company A is processing GC for me under L1A, is it ok if Company B files my H1?
Would it not create any problems for GC processing.

Thanks
Viva

[shervin143]

No issues.

[rvisak]

Shervin, correct me if I am wrong...I had heard that if the GC is being processed under EB1 (which seems to be the case here, as its under L1A) then if you port to the new employer post 140 approval; you cease to be under EB1 category? If that is the case not too sure if getting H1 filed for viva is a great idea

[shervin143]

GC in EB1 for L1A holders are very tough these days. There is no I-140 fopr EB1. If the current employer is filing your GC in EB1, then better try to stick on to them until you get the GC. If you switch to H1B olater, no one knows what might happen. You might not be qualified for Eb1 and I-485 can get rejected. Stay with the current employer and try filing it in EB1 and try your luck or switch to H1B and start the process all over from the beginning (PERM, I-140 & I-485). Although, once you get the EAD, you can swicth employers after 6 months. But in your case, I think it is a big risk that you will be taking. Consult a good immigration attorney.

[viva_1307]

H1 Processing When GC pending under L1A

Shervin,
Thank you very much. When you say "GC in EB1 for L1A holders are very tough these days" do you mean getting approval for GC is tough or is the status tough.
Also You say changing Employeers once EAD is approved is tough in such cases, any specific reason?"

[shervin143]

When you say "GC in EB1 for L1A holders are very tough these days" do you mean getting approval for GC is tough or is the status tough.
>>> Getting I-485 approved is tough.

Also You say changing Employeers once EAD is approved is tough in such cases, any specific reason?
>>> When you file the GC in EB1 (as a L1A holder), you will be allowed to file I-485 directly. When you switch to H1B later basedeon the approved EAD, I am not sure how it will work. The time that takes to get the GC approved in EB1 is very less. There is no point is switching employers and messing it up at that stage.