Green card under EB1-C for L1-A

[bcs05]

I am currently residing in US on H1B with a priority date of 2016. With green card in no sight for the next few years, I am planning to go to India and stay there for an year and come back on L1-A category so that the employer can file green card on EB1-C category. I have a questions regarding this.

• Can EB1-C be filed under H1B if L1-A visa is rejected.
• I will be promoted to a manager after I go back to India. Is it advisable to get a promotion here in US(which is kind of hard as my company policy is to have 10 reportees under me) and go there or it doesn't matter for processing L1-A.
• I have a valid H1B until March 2024 and my wife is currently employed on H4 EAD. If her employer permits, can she continue to work using her H4-EAD in India and get paid in US dollars until my H1B expires or she has to quit her job after my move to India.

All inputs are greatly appreciated!

Thanks

[Zara69]

The L1A visa allows persons who were specialized knowledge workers in their foreign company to transfer to the U.S. as managers or executives. The EB1C category requires that the beneficiary's position at the qualifying foreign company was executive or managerial. Myhdfs Login

[TeetharKehar]

To answer your first question, EB1-C can only be filed under L1-A category, not H1B. If your L1-A visa is rejected, you will not be able to file for EB1-C.

Regarding your second question, it is not necessary to get a promotion in the US before going back to India to process L1-A. As long as you meet the eligibility criteria for L1-A, such as having worked for your employer abroad for at least one year, you can apply for L1-A from India.

As for your third question, it is possible for your wife to continue working remotely for her US employer while in India on an H4 visa. However, you should consult with an immigration attorney or your wife's employer koowspin and echatrandom to ensure that there are no legal or tax issues with this arrangement.