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  • #16
    L1-A to GreenCard

    Hi Everyone,

    My QUESTION is: I came to the US on L1-A (relocated from India to the US in October 2015) and have been holding a manager position in my company in the US since October of 2015. My company now is denying my GC process on the premise that my immediate profile in (2013-Oct-2015) in India before coming to the US was not of a manager and was of an Individual Contributor. I was however a manager in India for 1.5 Years during the period of March 2011-August 2013. I have been employed by the subsidiary company of the US based out of India since 2009 and was granted a L1-A in 2015 on the premise that I did led a team at one point of time in my role in India.
    Has there been any shift in the rule, do you guys think that I have a legit case to apply for EB-1 category as a multi-national manager?

    Thanks,
    Priyanka

    Comment


    • #17
      Originally posted by Priyanka Chandra View Post
      Hi Everyone,

      My QUESTION is: I came to the US on L1-A (relocated from India to the US in October 2015) and have been holding a manager position in my company in the US since October of 2015. My company now is denying my GC process on the premise that my immediate profile in (2013-Oct-2015) in India before coming to the US was not of a manager and was of an Individual Contributor. I was however a manager in India for 1.5 Years during the period of March 2011-August 2013. I have been employed by the subsidiary company of the US based out of India since 2009 and was granted a L1-A in 2015 on the premise that I did led a team at one point of time in my role in India.
      Has there been any shift in the rule, do you guys think that I have a legit case to apply for EB-1 category as a multi-national manager?

      Thanks,
      Priyanka
      Is your company denying the whole GC process or they want to apply in different category? If they are denying it, it is their right to do so. If they want to apply as EB2, again, it is their process...some companies are doing that for retention instead of having people signing contracts...after all, it is crazy that as soon as the employee gets the GC, they leave...

      Being a manager does not mean that it is safe to apply for EB1C. Sometimes people are just...managers....but not managers as defined by USCIS. The EB1C is for high level managers and executives. Just because you had a group of people reporting to you, doesn`t mean you fully meet the criteria. So, maybe your company is willing to sponsor you and they want to do the right things. A lot of people (just look this forum) is trying to work around EB1C knowing they do not meet the criteria what is making the process long, with thousands of RFE and also with more denials than average.

      Comment


      • #18
        Originally posted by Radgargi View Post
        Hi

        I am in US on a L1A. My company has agreed to file GC.

        The Issue is - Instead of EB1 Category, they are trying to file under EB2.This selection is done on case basis is that they say. The reason for filing under EB2 is - "Retention"

        While I am eligible for EB1, how can I overcome this discrimination in filing.

        Please help if I can have an external attorney to take up my filing.
        There are some documents/evidences required from company. Not sure if your company will share those documents to any external attorney. You may want to consult before you proceed

        Comment


        • #19
          Originally posted by sarab1622 View Post
          Hello,
          I am on L1-A Visa but my employer don't want to file a green card.

          Do I have any other ways to file a green card if not then please suggest the best option through which I can apply green card without my employer?


          Thank you.
          Hello,

          I am in same situation. What did you do?

          Regards,
          Ramu

          Comment


          • #20
            Originally posted by ramud_foryou View Post
            Hello,

            I am in same situation. What did you do?

            Regards,
            Ramu
            There are no options. Self petition is only if you are a National Interest (very difficult) or if you have 500k as Eb5. All other visas need a sponsor. You can get a job in a new company that sponsor a H1B for you so you can stay longer.

            Comment


            • #21
              If she is already on L1A, it implies that she has found eligible by USCIS to be a manager in their definition.

              Originally posted by sasvi View Post
              Is your company denying the whole GC process or they want to apply in different category? If they are denying it, it is their right to do so. If they want to apply as EB2, again, it is their process...some companies are doing that for retention instead of having people signing contracts...after all, it is crazy that as soon as the employee gets the GC, they leave...

              Being a manager does not mean that it is safe to apply for EB1C. Sometimes people are just...managers....but not managers as defined by USCIS. The EB1C is for high level managers and executives. Just because you had a group of people reporting to you, doesn`t mean you fully meet the criteria. So, maybe your company is willing to sponsor you and they want to do the right things. A lot of people (just look this forum) is trying to work around EB1C knowing they do not meet the criteria what is making the process long, with thousands of RFE and also with more denials than average.

              Comment


              • #22
                Approval of L1-A implies that your position in India was that of a manager. They may be doing this just to force retain you and may apply for EB1-C in the last year of your 7 year L1-A visa (that’s what many companies do).

                Originally posted by Priyanka Chandra View Post
                Hi Everyone,

                My QUESTION is: I came to the US on L1-A (relocated from India to the US in October 2015) and have been holding a manager position in my company in the US since October of 2015. My company now is denying my GC process on the premise that my immediate profile in (2013-Oct-2015) in India before coming to the US was not of a manager and was of an Individual Contributor. I was however a manager in India for 1.5 Years during the period of March 2011-August 2013. I have been employed by the subsidiary company of the US based out of India since 2009 and was granted a L1-A in 2015 on the premise that I did led a team at one point of time in my role in India.
                Has there been any shift in the rule, do you guys think that I have a legit case to apply for EB-1 category as a multi-national manager?

                Thanks,
                Priyanka

                Comment

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