Advice requested: EB-1 I-140 approved

T

Ticonderoga

Registered Users (C)
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My EB-1 I-140 petition has been approved by VSC. My current status is H1B. I came to this country on a H1B as a Management Analysts. The same company filed the EB-1 for me as a Project Manager.

Now the attorney and the company want to move me to L1A as Project Manager, as a parallel process to AOS/CP. The reason cited by the company and the lawyer is that to keep it clean and avoid rejection at CP or RFEs at I-485, given that the job profiles were different.

My questions are:

1. Is it really important to move to a L1A now, from a safety perspective?

2. Is it that my company basically wants to ensure that I dont quit midway through I-485, should I choose it? Or if I file for I-485, the 180 rule kicks in, irrespective of L1 or H1 status?

3. The lawyer says that there is no timeline effect on the processing of the GC as this will be done in parallel. Is this true?

4. Net-net, should I agree to move to L1A?

5. Do I need to go for AP and EAD, whatever my Visa status. L or H? I have a travelling job and have to visit Europe and Asia every few months.

Thank you very much.
 
Be aware that to switch to EAD you would need about two months window. First, you will have to wait for I-485 receipt, then it may take about 30 days or more to receive an EAD.

During this time you would have to have a current visa to get paid.

If your H1b visa expires soon, then you have to get either extention or new visa. If your company says that you need L1A do it. Main thing for you is to file I-485 ASAP.
 
Thanks, Alex

Thanks for the input. Basically, my H1 is valid through Dec 2005 and this is only my 4th year of the H1. Most likely, I plan to go for consular processing. So, one of my prime question really is that is it important to move to L1A at all? Will I face problems at the consular interview?

Are you aware of others who have moved from H1 to GC via EB-1?

Many thanks.
 
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