L1B or H1B -> EB1 or EB2?

[gamefundas]

My L1B Visa is valid until Nov 2015 and at this point I am looking to initiate my GC processing under EB2 category however my employer is suggesting I should rather go with H1B first as the processing time for this category is 5-6 years.

I am a little unclear whether to

1. Take the H1B route (which introduces risk for me next year given the limited quota) or
2. Try to push my luck with EB1 processing as I have more than 11 years of experience working in a specialized area with 4 years of managerial responsibilities.

Also would like to know about processing times in each GC category and whether there is any sort of expedited options.

Would like to hear some opinion from the experts on this.

Thanks

[raghvi]

My L1B Visa is valid until Nov 2015 and at this point I am looking to initiate my GC processing under EB2 category however my employer is suggesting I should rather go with H1B first as the processing time for this category is 5-6 years.

I am a little unclear whether to

1. Take the H1B route (which introduces risk for me next year given the limited quota) or
2. Try to push my luck with EB1 processing as I have more than 11 years of experience working in a specialized area with 4 years of managerial responsibilities.

Also would like to know about processing times in each GC category and whether there is any sort of expedited options.

Would like to hear some opinion from the experts on this.

Thanks

Which is your country of Birth?
If you can try for EB1 it would be the best. But its not as easy to get EB1 as for EB2/Eb3.

This is my opinion not legal advice.

[gamefundas]

Which is your country of Birth?
If you can try for EB1 it would be the best. But its not as easy to get EB1 as for EB2/Eb3.

This is my opinion not legal advice.

Thanks for the inputs. I am from India. BTW.

[raghvi]

Thanks for the inputs. I am from India. BTW.

EB2 for India has a 10 Year wait period. So if you go with EB2 you anyhow have to move to H1 later on as L1B max tenure can only be for 5 Years.

So if you dont want to wait for 10 Years, then EB1 is your only option as EB1 would take only a Year or less for India.

Have you thought and asked your employer about L1B --> L1A --> EB1 option?

This is my opinion not legal advice.

[gamefundas]

EB2 for India has a 10 Year wait period. So if you go with EB2 you anyhow have to move to H1 later on as L1B max tenure can only be for 5 Years.

So if you dont want to wait for 10 Years, then EB1 is your only option as EB1 would take only a Year or less for India.

Have you thought and asked your employer about L1B --> L1A --> EB1 option?

This is my opinion not legal advice.

Thanks Raghvi on your response. This seems like a good idea but have couple of questions, perhaps you can provide some inputs.

1. Can I apply for my L1A conversion now or will have to wait for the last 6 months of L1B expiry? If I apply now then I have another chance to try with H1B in case if L1A gets denied.
2. It seems L1A route is worth trying compared to the H1B lottery - But wondering, generally what are the chances of L1A approval when applied from US.

The more I think the more complicated this gets.

Thanks

[raghvi]

Thanks Raghvi on your response. This seems like a good idea but have couple of questions, perhaps you can provide some inputs.

1. Can I apply for my L1A conversion now or will have to wait for the last 6 months of L1B expiry? If I apply now then I have another chance to try with H1B in case if L1A gets denied.
2. It seems L1A route is worth trying compared to the H1B lottery - But wondering, generally what are the chances of L1A approval when applied from US.

The more I think the more complicated this gets.

Thanks

1. You employer should apply for amendment to L1 petition and conversion to L1A as soon as you got promoted while in US.
2. No one can predict the chances, if you truly are performing managerial/executive decisions and your legal team can build a case for you with suitable proof then you have a decent chance.

This is my opinion not legal advice.

[gamefundas]

1. You employer should apply for amendment to L1 petition and conversion to L1A as soon as you got promoted while in US.
2. No one can predict the chances, if you truly are performing managerial/executive decisions and your legal team can build a case for you with suitable proof then you have a decent chance.

This is my opinion not legal advice.

Thanks Raghvi. Spoke to my HR and they are okay filing an L1A in my case.