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L1B & EB1 category filling requirements ?

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  • L1B & EB1 category filling requirements ?

    Hi

    Recently my company filed for my L1A but not sure for what reasons VO at Chennai consulate told me that he can't give me L1A but instead approving my L1B.

    Regards to my options for GC I've following questions and appreciate feedback from you guys

    1. Can I convert or challenge my L1B for L1A ? If yes what would be the timelines ?
    2. How soon can I apply for GC after coming to US ?
    3. Can I still apply in EB1 category ? As my employer & attorney are sure of my managerial position ?
    4. Any other suggestions or options that you may see fit in my case

    I could really use your experience and guidance and much appreciate if your help.


    Regards
    Payal
    Last edited by klr; 09-08-2017, 02:07 AM.

  • #2
    Green card and L1 visa are completely different. One does not depend on another. You need not be in the US to even apply for GC, since it is for future employment. So there is no set timeline as to when you could apply for GC. In-fact it is not you but your employer who has to file your GC petition. So the timeline is something that you and your employer need to decide.

    (1) Your success rate in the case of challenge is not high.
    (2) See above.
    (3) Once again see above. GC and L1 are completely separate processes. So neither having L1A does not guarantee EB1, nor not having L1A preclude you from applying under the EB1 category. At the time of EB1 application your employer needs to make a compelling case that you qualify under the category, and USCIS adjudicates on that.
    Just an opinion; Not legal advice.

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