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  • L1A to EB1C Processing

    Hi,

    I came to USA in L1B and then converted to L1A in June-2017. I've 3.5yrs of manager working experience in USA. My L1A max out is on Oct-2019, I've only 5 months left in the visa.
    Am I eligible for EB1C?

    Thanks
    Viji

  • #2
    Your current visa category, etc., are immaterial for your EB1C petition. At the minimum you need to have been in an eligible managerial role with your current employer for atleast 1 yr. in the 3 yrs. preceding your entry to the US. If you do not meet that criterion, you are not eligible for EB1C.
    Just an opinion; Not legal advice.

    Comment


    • #3
      scientist_2016 So, suppose if someone came USA on L1A, stayed in USA for 7 years & then file for EB1C. Now:
      1. Can he wait in USA after 7 years for his GC?
      2. Can he travel to his home country after EB1C filing & get new L1A to return to USA?
      3. Can he stay in his home country awaiting his EB1C to be processed & then get GC from there & return?
      - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

      If my opinion helping you, then please do click "like" button below.

      Comment


      • #4
        1. The problem is: You do not have a category for "waiting". Since L1A extensions beyond 7 yrs. are not possible and EB1C PDs are not current, they cannot wait. This is the reason many start switching over to H1B, since with H1B you can get unlimited extensions.
        2.Yes. L1A and GC being completely independent processes, one has no bearing on the other. Ofcourse one cannot go back to get the required 1 yr. foreign managerial experience for an already filed EB1C petition.
        3. Yes. For that matter, one can enter the US directly with a EB1C based GC rather than go through the whole L1A route.
        Just an opinion; Not legal advice.

        Comment


        • #5
          Just wondering, based on current bullentin for people born in India EB1C shows 2015 Jan ones are being processed.
          Does it mean EB1C now takes 4.5 years ? Online everywhere it says less than 8 months for non asians

          Comment


          • #6
            Originally posted by Abtdot View Post
            Just wondering, based on current bullentin for people born in India EB1C shows 2015 Jan ones are being processed.
            Does it mean EB1C now takes 4.5 years ? Online everywhere it says less than 8 months for non asians
            It just mean that for this fiscal year EB1 India is having too much demand and the dates went back (retrogression) more than 2 years from one bulletin to the next. People can't expect any forward movement until new fiscal year that start in October.
            Nov 2018 - Package sent - EB - Texas Service Center
            Day 1 - Package received at the lockbox
            Day 999 - Card delivered to me - Aug 2021
            ---
            All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

            Comment


            • #7
              Originally posted by Enub4 View Post

              It just mean that for this fiscal year EB1 India is having too much demand and the dates went back (retrogression) more than 2 years from one bulletin to the next. People can't expect any forward movement until new fiscal year that start in October.
              More than 2 years eh! So, I guess in reality it doesn't take that long ? If my EB-1 C is approved now. Green card may get processed in 2-3 years ?




              Comment


              • #8
                Originally posted by Abtdot View Post
                More than 2 years eh! So, I guess in reality it doesn't take that long ? If my EB-1 C is approved now. Green card may get processed in 2-3 years ?
                Well, it all depends on the number of new cases for that category. It could take 2-3 years but it can slow down. Then they may be changes to the immigration process and who know what will happen then. It's very hard to predict.
                Nov 2018 - Package sent - EB - Texas Service Center
                Day 1 - Package received at the lockbox
                Day 999 - Card delivered to me - Aug 2021
                ---
                All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

                Comment

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