L1B to GC on EB1

[prashna_79]

Please read through and provide suggestion for the below case
Entry into US on L1B - Jan' 2011
Left US - Mar' 2012

Fresh or New L1B and Entry into US again - Aug'12
New L1B valid till Apr'15

Performed Mangerial role for the same Company outisde USA in India in 2009 and 2010.

Can I apply for GC in EB1 category or EB2 category is more suitable. While the same employer applies GC for me, can I travel to India or do I need to apply for extension of my visa. what is the best possible solution in this regard.

thanks

[raghvi]

Please read through and provide suggestion for the below case
Entry into US on L1B - Jan' 2011
Left US - Mar' 2012

Fresh or New L1B and Entry into US again - Aug'12
New L1B valid till Apr'15

Performed Mangerial role for the same Company outisde USA in India in 2009 and 2010.

Can I apply for GC in EB1 category or EB2 category is more suitable. While the same employer applies GC for me, can I travel to India or do I need to apply for extension of my visa. what is the best possible solution in this regard.

thanks

Your post is confusing, what is the short term/ long term goal you are trying to achieve? L1 extension and GC processing are two different processes.

To stay beyond April 2015, you would either need to file L1 extension OR convert to H1 prior to that. As you didnt spend one entire year outside US between March 2012 - August 2012, the first L1B tenure gets added to the 5 Years L1B limit.


Merely playing managerial role doesnt qualify you for EB1 category. Also, its not the candidate, its the job the candidate would be performing that decides whether its EB1, EB2 or otherwise. Till you get GC in hand, in order to travel outside US and back you would need a valid visa/AP.

This is my opinion not legal advice.

[prashna_79]

L1B to Green Card on EB1 category

Your post is confusing, what is the short term/ long term goal you are trying to achieve? L1 extension and GC processing are two different processes.

To stay beyond April 2015, you would either need to file L1 extension OR convert to H1 prior to that. As you didnt spend one entire year outside US between March 2012 - August 2012, the first L1B tenure gets added to the 5 Years L1B limit.


Merely playing managerial role doesnt qualify you for EB1 category. Also, its not the candidate, its the job the candidate would be performing that decides whether its EB1, EB2 or otherwise. Till you get GC in hand, in order to travel outside US and back you would need a valid visa/AP.

This is my opinion not legal advice.

Thanks a lot for your response.
I've two follow up details to add:
1. My company is filing Green card for me but I want to find out if I can be filed under EB1 or not as one of the laws at USCIS says that if you've performed mangerial role in last three years before coming to US then you can be eligible for getting filed under EB1 category.
2. I had performed managerial role while I was in India in the year 2009- 2010
3. currently I'm performing a lead role with specialized skills.

So questions are:
1. can my petition be filed under EB1 based on my India role in 2009 -10
2. If not, if it's filed under EB2, what is best way to do it so that I'll not have any travel restriction to India. (e.g., file H1 as L1 extensions are difficult to get through but since I would have already consumed 5 years in the US, H1 filing will also not help much to keep me in the US for long?)

Appreciate your response.

thanks