L1A to H1B

[Lisa_2014]

Hi,

I am currently on a L1A visa with my current employer where I have been working for last 10years in UK and US in managerial capacity as a intra company transferree. Hence, as per USCIS guidelines I am eligible for my employer to apply for GC in EB1 category.

However, my employer wants to apply for GC only in EB3 category. The reason they are providing to me is that they want to apply for GC in EB1 for only limited people

Hence, I am planning to leave this employer and get H1B done with a different employer. My concern is :

1. If I apply for H1B and get approved for H1B, will my L1A be cancelled?

2. I dont want to loose my eligibility of EB1 category. Can you please advice if I can accept another employment in Mar for a H1B in CAP 2015 and still continue working for my current employer on L1A?



Highly appreciate the help.

Regards

[raghvi]

Hi,

I am currently on a L1A visa with my current employer where I have been working for last 10years in UK and US in managerial capacity as a intra company transferree. Hence, as per USCIS guidelines I am eligible for my employer to apply for GC in EB1 category.

However, my employer wants to apply for GC only in EB3 category. The reason they are providing to me is that they want to apply for GC in EB1 for only limited people

Hence, I am planning to leave this employer and get H1B done with a different employer. My concern is :

1. If I apply for H1B and get approved for H1B, will my L1A be cancelled?

2. I dont want to loose my eligibility of EB1 category. Can you please advice if I can accept another employment in Mar for a H1B in CAP 2015 and still continue working for my current employer on L1A?



Highly appreciate the help.

Regards

1.H1B can be applied as Consular Process or Change Of Status. If applied as COS , you move out from L1 status into H1 status on the day of COS. If applied as consular process you have to go for H1 stamping outside US. If you go for H1B stamping outside US, L1A will most probably be cancelled during H1 stamping.

2.EB1 requires you to have been employed outside US in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. So you can apply EB1 only with the current organization.
In order to apply under EB1 with another employer you have to join them outside US and work for them for 1 Year in Managerial/Executive capacity outside US.

The current employer would be your best bet for EB1 eligibility

This is my opinion not legal advice.

[Lisa_2014]

Thank you raghvi. So, does that mean if I do not intend to go on H1B and continue on L1A even after receiving my H1B approval, I can continue if it is consular service. But if it is COS, then my L1A will be cancelled?

Appreciate your help.

Regards
Lisa