L1a to green card though new us employer

[Rege_riddhi]

Hi I am currently on l1a visa and completed 5 years in USA with 2. Years remaining. My current company do not wish to file for my green card

What options do I have to get the green card

Do I have to get h1 and a new employer
Or
My new employer can directly file for my green card?

[raghvi]

Hi I am currently on l1a visa and completed 5 years in USA with 2. Years remaining. My current company do not wish to file for my green card

What options do I have to get the green card

Do I have to get h1 and a new employer
Or
My new employer can directly file for my green card?

Since GC is for future employment I believe another employer can surely file for your GC but you might not get the advantage of filing under EB1 Category. In Most likelihood they would only be able to file under EB2.

As you have already completed 5 Year son L1. Under current circumstances I am doubtful if you will be able to file GC as well as continue stay in US while GC is in process.
Here is why
--I am doubtful if Employer B will do a GC for you if you dont join them shortly.
---You cannot join B on B's L1 as in order for you to be eligible for B's L1 you should have worked for B, outside US for 1 Year in last 3 Years which you have not.
--You can join Employer B only on H1. But then again the H1 cap for fiscal 2014 will allow you to work for B only from 01-Oct-2013 onwards and at that time you might have already completed 6 Years on L1 again, necessitating you to leave US for 1 year in order to be eligible for fresh 6 Years H1.


This is my opinion not legal advice.

[Rege_riddhi]

Thank ragvi this is great piece of information. I have an employer who can wait for me till oct 13 . I can get h1 through him to work for him from oct 13 but I will be completing 6 years on l1a on jan 14.

How does this play out when change of status happens in oct 13 . Will I get 1 year from oct 13 to stay on h1 or will it be valid only till jan 14 as my 6 years be complete by then ( 5+ on l1a and 3-4 months on h1) and how that plays with green card

[raghvi]

Thank ragvi this is great piece of information. I have an employer who can wait for me till oct 13 . I can get h1 through him to work for him from oct 13 but I will be completing 6 years on l1a on jan 14.

How does this play out when change of status happens in oct 13 . Will I get 1 year from oct 13 to stay on h1 or will it be valid only till jan 14 as my 6 years be complete by then ( 5+ on l1a and 3-4 months on h1) and how that plays with green card

I am afraid even Oct 2013 might not suit the timings and Employer B might have to wait longer. The situation sure is dicy as you are already completing 5 years with A at the same time you currently dont have an old H1 too which can be trasferred, also the cap will open only on April 2013 with start only after Oct 2013. Also I believe you should continue with Employer A till labor filed by B is 365 days old.


I strongly suggest you talk to the Employer B attorney and an independent attorney of your own to evaluate your options.

[aryaanp]

I am afraid even Oct 2013 might not suit the timings and Employer B might have to wait longer. The situation sure is dicy as you are already completing 5 years with A at the same time you currently dont have an old H1 too which can be trasferred, also the cap will open only on April 2013 with start only after Oct 2013. Also I believe you should continue with Employer A till labor filed by B is 365 days old.


I strongly suggest you talk to the Employer B attorney and an independent attorney of your own to evaluate your options.

Hi Riddhi and Raghvi,
I am at a similar situation - just completed 4 years on L1A.

Riddhi - what did you end up doing? Hope you had a successful process. Please do let me know.