:( Urgent need advise - GC - EB1 (L1A Visa)

[us-im-1]

I currently hold L1A visa. Last Year in Jan/Feb 2018, L-1A extension was applied and it was approved till feb-2020. However, when I saw the Form I-129S, I see two inaccuracies there.

1. My last qualifying foreign position was "Managerial". Form I129S shows as "Specialized knowledge". My Letter of Support (LOS) and Resumes clearly stated that prior to US employment he performed "Managerial" role and duties in abroad assignment.
2. Also Qualifying foreign employer name and address is incorrect ( should not be India), as I was working in Europe with same employer for 3 years before moving to US.

Now my employer is planning to file GC in EB-1. While filing they are planning to put both (current and previous abroad) positions as “managerial”.

1. Is it a right approach? Or do you see any risk associated with GC I-140 approval?

2. Pls advise if u have any other suggestions, I’m looking for best option to move forward like - both (GC and correction) can be filed in parallel, or first get it corrected and then file GC (If yes, Is there a process to file correction in this now?) or correction not needed at all?

Thanks in advance..

[k_harish99]

I currently hold L1A visa. Last Year in Jan/Feb 2018, L-1A extension was applied and it was approved till feb-2020. However, when I saw the Form I-129S, I see two inaccuracies there.

1. My last qualifying foreign position was "Managerial". Form I129S shows as "Specialized knowledge". My Letter of Support (LOS) and Resumes clearly stated that prior to US employment he performed "Managerial" role and duties in abroad assignment.
2. Also Qualifying foreign employer name and address is incorrect ( should not be India), as I was working in Europe with same employer for 3 years before moving to US.

Now my employer is planning to file GC in EB-1. While filing they are planning to put both (current and previous abroad) positions as “managerial”.

1. Is it a right approach? Or do you see any risk associated with GC I-140 approval?

2. Pls advise if u have any other suggestions, I’m looking for best option to move forward like - both (GC and correction) can be filed in parallel, or first get it corrected and then file GC (If yes, Is there a process to file correction in this now?) or correction not needed at all?

Thanks in advance..

Based on my understanding , L1A Status is just supporting fact for approval of EB1C I-140 because the definition for both EB1C and L1A are similar. Its not a mandatory requirement to have L1A to file for EB1C. Your I-94 governs your current status .If that says your status is L1A, then you do not need to worry. You can go ahead and File I-140 as L1A and EB1C are two separate processes in itself.

Regarding correction , I think you still get it corrected as it might impact your future L1A extensions. Given the fact EB1C dates are not current , you might not get EAD to continue your work in US before your next I-94 extension is due.

Note : This is not a legal Opinion. Please contact your lawyer to confirm the facts.