L1A to Green card

[been123]

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!

[ska]

yes of course, perm is needed for eb2 irrespective of visa category.

[been123]

ok, thanks!
Can someone also answer my first question?

[daggit]

Please restrict to one thread per topic.

http://www.immihelp.com/forum/showthread.php/207334-L1A-to-Greencard

[raghvi]

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!

1. Yes it is possible, depends upon how good an attorney you have and how much is the employee willing to support the process. L1A and EB1C is one of the most scrutinized visas off late and require lot of documentation.
2. Think of L1A, EB1, EB2 as different visas. L1 being a temporary one and EB ones being permanent ones. EB2 is one visa type which does require a PERM. Only National Interest Waiver eligible ones would not have to go through Labor.

https://www.uscis.gov/eir/visa-guide/eb-2-employment-based-second-preference/national-interest-waiver

This is my opinion not legal advice.

[been123]

Thank you!