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L1b To L1a Or L1b To H1b Which One Is Best For Gc.

Discussion in 'How to start the green card process' started by meena007, Jan 17, 2016.

  1. meena007

    meena007 New Member

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    Hi Ron,

    I came to US on L1B in 2011 and this is my 5th year and L1B ext is in progress and also stay will max out by Aug 2016. While in US I got promoted to executive role in 2015.

    My company (AAA) is planning to file for L1A once L1B ext is approved,

    Q1: if this is the case (L1A is approved), am I eligible for GC processing as well (on EB1)?

    On the other side, one of the Employer (XXX) has sponsored H1B in 2015, luckily my petition got selected in lottery and it is in progress after RFE response.

    Since I'm almost going to complete 5yrs of Stay in next 6 months,

    Q2: can new employer (XXX) initiate GC Process once I joined the company after my H1B is approved?

    Q3: Is there any time restrictions? Because I heard that both I-140 & I-485 should be filed 365 days before H1B max out date. I know they should apply for PERM first.

    So which option is better for GC Process if both are eligible? If you can see any other issues could you please explain? I'm in confusion which one to opt if there is a situation as both options available. Thanks in advance.

    thanks,
    Meena
     
  2. Santy

    Santy Guru

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    1. NO, You need to be in a managerial position for at least a year outside US to qualify for EB1.
    2. Yes but the time constraint will always be there as you have consumed most of your time. There is a high chance that you will have to go out of the country and wait till your LC is approved.
    3. Yes, there will be time constraint. You need to go out of country once you consume your max quota of 6 years. You will be lucky if your LC is approved before your max out time. Remember, even if you start your process today, it takes 4 months to get to a position where LC can be applied assuming no one applied for the position opened for you. LC will take its own sweet time of 8-10 months(or 1+ years).

    Now, the interesting question, which option is better??? :: This should be your call... I can only give statistics for you to decide. Things might change in future but looks like nothing is going to change at least till the election.

    A. If you opt to go out of the country and come after an year: you will be eligible for EB1, you don't need LC and the dates for EB1 is current so hopefully you might get your GC in 4-6 months. I don't see backlog(in EB1) in near future but you can get GC in 2 years max even if there comes little backlog.

    B. Assuming that you are an Indian born in India, the wait time in EB2 is 8-10 years and 20-30 years in EB3.

    These statistics are true as of today. Things might change for better or worse in future.
    HTH.
     
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  3. meena007

    meena007 New Member

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    Hi Santy,

    Thank you very much for the detailed explanation.
    I just have one more questions ,As per 3rd Answer,Mostly I may have to leave US if LC is not approved by H1 max out time, in this case If i stay in India until LC get approved, shall I need to go again with lottery/regular H1B processing to comeback to USA for visa?
     
  4. Santy

    Santy Guru

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    You will be cap exempted once you file LC... you should be lucky enough to get the LC approved then 140 approved and then get your new visa as well as stamping... if you cross these hurdles then you get a golden opportunity to stand in a queue for how long? I don't know...
     
  5. meena007

    meena007 New Member

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    Thank you very much Santy.
     
  6. meena007

    meena007 New Member

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    One last question Please,
    I got my L1b extension in February 2016, by that time I've completed 4 years and 6 months of stay on L1B. When I check with my company HR team for L1b to L1A conversion, they are saying that they can't file L1A conversion for me as my I94 Validity is under 6 months. Is there any such rule to file L1A conversion prior to 6 months of L1B max out time? Could you please clarify this? By the way I got promoted to executive role in June 2015.
     
  7. Santy

    Santy Guru

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    Congratulations on your promotion. This is a tricky subject and your attorney is the the best person to guide you. What are you going to get with this conversion here. I would go out of country and stay as a Manager for an year and then would try to come on L1A. If everything goes as planned, you might get GC within 2 years from now.
     

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