Reshma T
Sep 11, 2024
Urgent. Guidance Needed.L1A to H1B
Hello Friends, I wanted to check with you guys on conversion. Am currently on L1A and would like to switch to H1B, the existing employer hasn't filed any Greencard yet and there is no sign either. Is there a way the New employer can file the GC under EB1 category for me considering if am playing the same managerial role under H1B. is EB1C filing possible under H1B at all other than L1A? Would like to understand the process and take the feedback. kindly let me know.
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G LSep 11, 2024
Legally and logically, EB1C is not for H1B. H1B in principle is not for Managers even though person performing role of Manager. So, companies can file in EB1C for H1B but there is no gurwntew that your I140 gets approved unless you produce solid evidence of managerial capabilities… and USCIS gives an extra eye on those evidences. So, EB1C is basically for L1A folks, in priciple.
G LSep 12, 2024
@RW BM You do not have any clue and your understanding is totally false. Even if your company nominates, legally H1B does guarentee EB1C I140 approval from USCIS. Talk to any attoney- they say same thing. However, as I mentioned, if evidences are strong as H1B is an international Manager, you have every chance of getting approval. Understand, H1 is for temporory worker and L1A is an international manager sent by a company for its operations abroad. To H1B to qualify EB1C, the person should be out of US for 1 year and re-enter US in the same role as he was when leaving the country..
Your comment of immigrant visa and non-immigrant visa is no relavant in this discussion…
Reshma TSep 12, 2024
Thank you @RW BM and @G L for your feedback. I sought attorney opinion but I was getting mixed updates. some says no issue you can go ahead. some says it is risky. so, confused and looking for solid feedback. kindly post here if anyone has gone through this situation and any suggestions to follow. Thank you!
G LSep 13, 2024
@Reshma T It is well know fact that L1A non-immigrant visa to EB1C immigrant visa is a smooth flow as legal definition of EB1C fits well there. Having said that, H1B to EB1C I am not saying not possible but you should be able to provide evidences that you are working as Multinational Manager now as you record with USCIS shows to adjudicating office that you were a temporory worker. Also, just switching job in US does not give you eligiblity fir EB1C. You should be working out of country for 1 year in the last 3 years apart from all evidences to show that you are handling a team….Anyways, I was just sharing my experience..your attorney can guide you as per law