L1A to GC application filing with Role/Title Change question

[l1a2gc]

Hello Everyone,

Need some guidance. I am in the process of filing GC (I140) application.

I am currently in US on L1A Blanket visa since 2015. My original role/responsibilities as written in my L1A Blanket petition was "Program Manager". This was in 2015.

Currently, I am performing role of "Business Development Director" with different responsibilities for the same employer. My L1A visa renewal/extension is not due until 2020.

My question is, while filing for EB1 C GC application right now what role should I put it in the I140 application? Can it be "Business Development Director" or will I have to keep "Program Manager".

Request for help here.

Thank you.

[k_harish99]

Technically speaking there is no direct relationship between L1A and EB1C GC. They are two separate processes.

However, because the definitions of L1A and EB1C are so similar, having L1A while filing EB1C I-140 provides a support to the case. Having said that, the eligibility for EB1C is that you should be in a managerial role for at least one year in last 3 years. Since you have have L1A , it automatically acts as an evidence for the same. Another requirement for EB1C i-140 is that your proposed role should be managerial in nature. In your case, looks like both the roles "Program Manager" and "Business Development Director" satisfy that requirement. So both will work.

My opinion would be to put the right thing on Paper(EB1C i-140) and do not make up something for Visa Purposes. However, you should take your attorney's opinion to validate the same.

[l1a2gc]

Thank you Harish for your kind reply.

Just one clarification: I am currently performing role of "Business Development Director" and want to put the same on I140 form. However, as my current L1A petition/visa was processed for "Program Manager" role, will that be a problem??

Request your input pls.

[k_harish99]

No . It will not be a problem.

Also , Given the current priority dates of EB1C , I am sure you will have to go thru another L1A extension. At the time of extension , you may change the role if you would like to.But again this not mandatory. Technically there is no relationship with what you are doing right now . I have even seen people with H1B,s (techies) getting GC approved on EB1C.

Your eligibility for EB1C is based on two things:

1. You were a manager at offshore .
2. You will take up a managerial position after you obtain GC.

[Abtdot]

I know this is an old post, does Program or Project Manager qualify as a functional manager or a manager ?

[k_harish99]

Yes they do . However, pls note that it’s not the role or job title which matters most. It’s the duties you perform should be of managerial in nature .

[sri10]

Hi , I have similar question, During L1a initial submision the role was as of a people manager for my spouse, Now RFE was issued after 5 months of petition, by now due to organization structure change his role was changed to a functional role for the same practice, In this case should we have to respond to RFE based on current role or the previous role . pls. advise. His attorney has suggested that they will submit letter stating role change , will this help

[k_harish99]

Hi , I have similar question, During L1a initial submision the role was as of a people manager for my spouse, Now RFE was issued after 5 months of petition, by now due to organization structure change his role was changed to a functional role for the same practice, In this case should we have to respond to RFE based on current role or the previous role . pls. advise. His attorney has suggested that they will submit letter stating role change , will this help

Follow your attorney's suggestion. USCIS expects you to be truthful at all times. However note its the managerial duties which matter instead of the name of the role itself. If you're confident that the job duties that your spouse performs is of managerial in nature (As per USCIS definitions), then it will be fine.

[SeemaARavikumar]

is the following statement mentioned in immihelp website true: if the alien is currently on L1A visa but was employed abroad as specialized knowledge professional, then alien will have to be on L1A visa status atleast for 1 year, before applying for a greencard in EB1C category