Is L1B to L1 A change required for GC ?

[Sar2014USA]

I am currently in U.S on L1B Visa valid till Dec 2016(I(I94 also) ?
I got promoted to manager Position in U.S and my company is ready to apply for GC after completing one year stay.
Some are saying .. I need L1A status for applying GC ? Is it true

[raghvi]

I am currently in U.S on L1B Visa valid till Dec 2016(I(I94 also) ?
I got promoted to manager Position in U.S and my company is ready to apply for GC after completing one year stay.
Some are saying .. I need L1A status for applying GC ? Is it true

GC under which Employment Based category EB1/Eb2/Eb3?

[Sar2014USA]

GC under which Employment Based category EB1/Eb2/Eb3?

Hi Raghvi,

For EB1

Promoted as Manager on Aug 2014 while in U.S .But leading the team in India for last 3 yrs.
Started working in U.S from June 2014.

[raghvi]

If promoted and role changed then yes L1B to L1A should be done. I believe it is easier to do a L1A to EB1 than a L1B to EB1.

This is my opinion not legal advice.

[Sar2014USA]

If promoted and role changed then yes L1B to L1A should be done. I believe it is easier to do a L1A to EB1 than a L1B to EB1.

This is my opinion not legal advice.

Hi Raghvi ,

Thanks for your reply.

Since I traveled to U.S on L1B (Technology specialist )... Will the criteria of 1 yr as manager outside the U.S is still valid ?

[biz0786]

how long one need to be in L1A to qualify in EB1

I was on L1B till 2013 from 2010 and was promoted as project manager in October 2011 but VISA conversion to L1A was done only in August 2014. Am I eligible for filling GC in EB1 category?
Prior to coming to US, Was leading a team in India for 2+ years.

[raghvi]

I was on L1B till 2013 from 2010 and was promoted as project manager in October 2011 but VISA conversion to L1A was done only in August 2014. Am I eligible for filling GC in EB1 category?
Prior to coming to US, Was leading a team in India for 2+ years.

One of the RFE raised in such circumstances is , why wasnt the petition amendment done when the promotion occurred in 2011. Its a tricky situation, if role and responsibilities didnt change why the promotion and if role and responsibility did change why no amendment. Talk to an attorney.

This is my opinion not legal advice.

[biz0786]

Thanks for your reply.
Roles and responsibilities did change, since my VISA was still valid my company did not ask me to change the VISA status.

[raghvi]

Its not the visa, in my opinion its the petition amendment that should have been done.

This is my opinion not legal advice.