AOS to L1? (cannot use AC-21)

d_wong

Registered Users (C)
Not sure if this belongs here, but here goes:
I was sponsored by "A" for GC..
After labor/I-140 approval and 6+ months after 485 was pending,
Took another job after layoff..
However the job was not "same or similar" (so could not use AC-21)
But I took the risk and took it.. (previous employer did not revoke I-140)
By now, I have completed more than a year at the current employer.
The fact that dates are retrogressed helped me..USCIS did not send any RFE
Now I have heard that USCIS is "preadjudicating" retrogressed 485's
i.e they could send RFE's etc even when the dates are not current..
Looks like that they could deny a 485, even if the dates are not current, but to approve they need dates to be current..
I am worried that USCIS could send me a RFE and find out that I am not doing a "same or similar" job. Hence they could deny the 485.

Can I convert to L1 in this case ? Am I eligible ?
Should I take another chance hoping that the USCIS will not catch it?
and try to convert to L1 only if 485 is denied or should I ask the current employer to file a L1 petition on my behalf as soon as I get any RFE or dates become current ? (as a backup) : will still have to convince current employer to file L1 whom I had told that "I do not require sponsorship" while joining..

see my previous post:
http://www.immigrationportal.com/showthread.php?t=202840

- d_wong
 
"Did you work for this firm for one year in the past three at a foreign subsidiary or foreign branch? If not, no."

This is bad news..I worked here in the US
I was under the impression that to qualify for L1, one has to work for the firm for one year out of the past three (did not know that it has to be out of US,thought that it could be anywhere)

What other options do I have ?

d_wong
 
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