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L1A GC processing , when h1 petition is under process

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  • L1A GC processing , when h1 petition is under process

    My h1 petition is selected in the lottery I have received an RFE, thinking of whether to respond to RFE or not.
    As I have a valid L1A visa till Feb 2016. If I would like to ask my employer to file GC on L1a. What are the possibilities.

    1) If H1 is approved in Oct, and If my employer would like to file GC after October, will I be eligible to file on the L1A status in EB1 category?
    2) If H1 is processed consular processing, will the COS occur immediately in Oct or only when I go for fresh stamping?
    3) If that is the case I can get my H1 processed and ask my employer to file the GC on my L1A status, without worrying about the H1 status?

  • #2
    Originally posted by Chinni123 View Post
    My h1 petition is selected in the lottery I have received an RFE, thinking of whether to respond to RFE or not.
    As I have a valid L1A visa till Feb 2016. If I would like to ask my employer to file GC on L1a. What are the possibilities.

    1) If H1 is approved in Oct, and If my employer would like to file GC after October, will I be eligible to file on the L1A status in EB1 category?
    2) If H1 is processed consular processing, will the COS occur immediately in Oct or only when I go for fresh stamping?
    3) If that is the case I can get my H1 processed and ask my employer to file the GC on my L1A status, without worrying about the H1 status?
    I would say do go ahead and respond to the RFE. You have been lucky to get through the lottery, why waste the opportunity, the H1 can always come in handy should , for some reason, your L1A to EB1 doesnt happen.

    1. GC doesnt have any thing to do whether you are on H1 or L1A. If you are performing role of a multi national manager, then whether you are on L1A or H1 is generally doesnt matter.
    2. If it is Consular process it will not start from 01-Oct, if it was processed as COS then it will start on 01-Oct-2014, of course if approved.
    3. Ask employer to file PERM for EB1 and if H1 is COS, then convert to Consular process.

    This is my opinion not legal advice.

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