EB1 v/s EB2 - Probability of getting a GC

[CG-L1A]

Hi,

I am currently on an L1A visa (Completing 6 years in Apr 2018).

My company has applied for my GC on EB2 through PERM process (140 was also approved in Jun 2017)*and wants to move me to a H1B in Oct 2018. (Assuming my L1A gets extended by one more year to Apr 2019).*

My company's management team has informed me that they would like me to continue working for them in the US and contribute to the organization for the long term.*

In light of the current US Government's publicly stated views and policies regarding immigration, what would you say is the probability (in terms of percentage if possible) of my continued stay in the US under the below two scenarios:

a) My company continues to pursue EB2 Perm Process and move me*to a H1B and seek extensions based on an approved I140

b) My company makes a new application on*EB1 since I am on an L1A visa and was employed with my company as a Manager for 2 years immediately prior to moving to the US and have been working as a Manager after moving to the US as well.*

What would be your advice to my company if you were advising our management team on immigration and knew that they are genuinely interested in my continued stay in the US.

Thanks and regards,

CG-L1A

[inadmissible]

Your question implies that you are a national of China or India, and will have to wait years to gain permanent residency. Taking the EB-2 path involves two gambles: first, that you'll win a slot in this years H-1B lottery; second, AC21 will continue in some form while you wait. Our president backed off attacking AC21 after getting roasted in just the last few days http://www.mcclatchydc.com/news/poli...193665104.html

Taking the EB-1 path involves the gamble that USCIS will buy your employers argument that you are legit EB-1C material.

Personally, if I really wanted a Chinese or Indian employee to stick around, I'd take the shotgun approach and and file both compelling EB-2 and EB-1 petitions now, file a H-1B petition at lottery time, then reach out to my contacts in charities, academia, and research to line up a backup job for you. The latter - inherently cap-exempt employers - are a last resort to keep you in the area (preferably in the building next door) so that I can still pick your brain over lunch while we work to refile EB petitions until something sticks