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Hi,
My husband converted from L1B to L1A in August 2015 after maxing out 5 years on L1B. But he got L1A only until Nov. 2015 and was asked to spend 3 months in India and then reapply for L1A to get extension of two years. Post that he got extension for 2 years (until March 2018). He traveled back to US in June 2016.
Now, his company is willing to apply for Green card in EB2 and also checking if EB1 is possible.
1. Can someone please clarify if he is eligible from L1A to Green card in EB1 category, considering that he has not spent one whole year in India after converting to L1A (that is, in the capacity of a manager).
This is with reference to the clause that one needs to be an international manager, having spent one year outside US as a manager to be eligible for EB1. Or this is not applicable for applicants who are converting from L1A visa?
2. If his application is filed under EB2, does he need to go through the labor process? Are L1A applicants exempted from labor in Green card processing (even though the category is not EB1)?
Thanks!
My husband converted from L1B to L1A in August 2015 after maxing out 5 years on L1B. But he got L1A only until Nov. 2015 and was asked to spend 3 months in India and then reapply for L1A to get extension of two years. Post that he got extension for 2 years (until March 2018). He traveled back to US in June 2016.
Now, his company is willing to apply for Green card in EB2 and also checking if EB1 is possible.
1. Can someone please clarify if he is eligible from L1A to Green card in EB1 category, considering that he has not spent one whole year in India after converting to L1A (that is, in the capacity of a manager).
This is with reference to the clause that one needs to be an international manager, having spent one year outside US as a manager to be eligible for EB1. Or this is not applicable for applicants who are converting from L1A visa?
2. If his application is filed under EB2, does he need to go through the labor process? Are L1A applicants exempted from labor in Green card processing (even though the category is not EB1)?
Thanks!
