H1-B to L1-B transfer and GC process

[brt]

Hello,

I have a bit complicated situation any suggestion is really appreciated.

I was on my 2nd H1-B Visa (Expiry date April 2017) and was working for a company in San Francisco. The company had filed for my Green Card but due to delay in application process I was not going get my PERM approval and subsequent I-140 approval by the H1-B expiry date of April 2017. So without the I-140 approval I cloud not file for H1-B extension and continue to stay and work in US.

But my company has a subsidiary office in Europe and they offered to transfer me here on Schengen visa and I moved here in February 2017. I am currently working in our subsidiary office in a Managerial Role and planning to stay here until July 2018 before they can file for H1-B extension based on Green card I-140 approval.

The question I have is, since I working here in a managerial role and was exploring the option of going back to US on L1-B instead of H1-B as that would help with reducing the wait time with GC process.

Is this move to L1-B advisable? will this draw more scrutiny from USCIS from what I have heard from other people experience.

Also, I read in the forum that L1-B gets maximum of 5 years but if they had already spent time on H1-B that would be counted towards this 5 years. In my case I have spent 5year 10months on H1-B and does this mean that I am not eligible for L1-B?

Any input on these questions really appreciated.

Thank You.

[rajuking]

Go for L1A instead of L1B.

L1 to Green Card is faster...

L1b you'll have to wait in a very LONG queue depending on the country.

[scientist2016]

Go for L1A instead of L1B.

L1 to Green Card is faster...

L1b you'll have to wait in a very LONG queue depending on the country.

Not correct. L1A vs. L1B does not have any bearing whatsoever on GC. The wait time is connected with the EB category of the GC petition. The employer can decide to file under EB1C even if you are on H1 or L1B or file under EB2 even if you are on L1A.

To answer the original poster's questions:

(1) As mentioned above your employer decides the category in which your GC petition is filed. That said, since you have been in a managerial role for more than an yr. outside the US, you can ask the employer to file your GC under EB1C. BTW this can be done without your physical presence in the US. You can always move from L1B to H1. That said you might be better off trying for L1A, or even a H1 extension based on your EB2 I140. This extension can be done without your presence in the US. So you get H1 extension, get a H1 stamped and enter the US.

(2) That L1B limitation does not apply to you, since you would have spent more than 1 yr. outside the US, so your clock resets.

[brt]

Go for L1A instead of L1B.

L1 to Green Card is faster...

L1b you'll have to wait in a very LONG queue depending on the country.

Thank you for your feedback.

[brt]

Not correct. L1A vs. L1B does not have any bearing whatsoever on GC. The wait time is connected with the EB category of the GC petition. The employer can decide to file under EB1C even if you are on H1 or L1B or file under EB2 even if you are on L1A.

To answer the original poster's questions:

(1) As mentioned above your employer decides the category in which your GC petition is filed. That said, since you have been in a managerial role for more than an yr. outside the US, you can ask the employer to file your GC under EB1C. BTW this can be done without your physical presence in the US. You can always move from L1B to H1. That said you might be better off trying for L1A, or even a H1 extension based on your EB2 I140. This extension can be done without your presence in the US. So you get H1 extension, get a H1 stamped and enter the US.

(2) That L1B limitation does not apply to you, since you would have spent more than 1 yr. outside the US, so your clock resets.

Based on the current work and job description I won't be eligible for L1-A and would be hard to justify and provide the required paper work to support L1-A filing. So I was exploring the L1-B path.

I understand that EB category is defined by employer but when the initial GC filing was done based on my qualification I was not eligible for EB1. So If I go back on H1 extension and then try to change to EB1 based on my new role I was told would be difficult and instead I should try the L1-B path and re-apply under EB1 category that can be justified with new managerial role and working outside US for the subsidiary for 1 year.

The reason I am try for L1 path is that being from India and with current back log it would be long wait before I am eligible for GC. So I wanted to try L1 path with new role + MS degree from a US institute would make it easier to reapply under EB1 category. Would like to know your opinion.

Thank you for your earlier feedback.

[scientist2016]

Based on the current work and job description I won't be eligible for L1-A and would be hard to justify and provide the required paper work to support L1-A filing. So I was exploring the L1-B path.

I understand that EB category is defined by employer but when the initial GC filing was done based on my qualification I was not eligible for EB1. So If I go back on H1 extension and then try to change to EB1 based on my new role I was told would be difficult and instead I should try the L1-B path and re-apply under EB1 category that can be justified with new managerial role and working outside US for the subsidiary for 1 year.

The reason I am try for L1 path is that being from India and with current back log it would be long wait before I am eligible for GC. So I wanted to try L1 path with new role + MS degree from a US institute would make it easier to reapply under EB1 category. Would like to know your opinion.

Thank you for your earlier feedback.

You cannot change to EB1 from EB2/EB3. It will be a fresh petition anyways. Also, to justify EB1C, you will have to have worked in an executive role for a subsidiary outside the US, for at-least 1 yr. in the 3 yrs. preceding the application date, the key being in an executive role, not merely working outside the US. There is no downside to the L1B route, since EB1C applications do not take 5 yrs. If indeed the EB1C route does not work out, you can always shift to H1B (cap exempt if within 6 yrs) and get unlimited extensions until your EB2 PD becomes current.

[brt]

You cannot change to EB1 from EB2/EB3. It will be a fresh petition anyways. Also, to justify EB1C, you will have to have worked in an executive role for a subsidiary outside the US, for at-least 1 yr. in the 3 yrs. preceding the application date, the key being in an executive role, not merely working outside the US. There is no downside to the L1B route, since EB1C applications do not take 5 yrs. If indeed the EB1C route does not work out, you can always shift to H1B (cap exempt if within 6 yrs) and get unlimited extensions until your EB2 PD becomes current.

Thank You again for your feedback.