Can I apply for GC in EB1 status

K

Konrad

New Member
Need few answers from you guys. I have been in the US on a L1B visa since 2003. In April/May 2006 I have got a L1A visa as I have been promoted to a manager level and my visa needed to be renewed. As of right now (November 2006), can I apply for a GC in EB1 status ? I read in few sources that I would have to be a manager outside the US for one year before applying for EB1 status but could not find any info on what if my visa changed from L1B to L1A while being in the US pretty much. Can anyone provide me with some info on this subject ?

I can add that my job responsibilities did not differ too much before or on L1B compared to the ones that I have now on L1A. Pretty much it was a title change and it always involved supervising of other employees.

Thanks,
Konrad.
 
Konrad said:
Need few answers from you guys. I have been in the US on a L1B visa since 2003. In April/May 2006 I have got a L1A visa as I have been promoted to a manager level and my visa needed to be renewed. As of right now (November 2006), can I apply for a GC in EB1 status ? I read in few sources that I would have to be a manager outside the US for one year before applying for EB1 status but could not find any info on what if my visa changed from L1B to L1A while being in the US pretty much. Can anyone provide me with some info on this subject ?

I can add that my job responsibilities did not differ too much before or on L1B compared to the ones that I have now on L1A. Pretty much it was a title change and it always involved supervising of other employees.

Thanks,
Konrad.
Click to expand...

For EB1 (Multimation Manager and Exec.) its not necessary to have L visa classification. You can be on any visa status. Visa officer will focus on your job responsibility in US and at outside US and determine that it falls under the managerial category. Your lawyer needs to do a good job
 
Konrad said:
Need few answers from you guys. I have been in the US on a L1B visa since 2003. In April/May 2006 I have got a L1A visa as I have been promoted to a manager level and my visa needed to be renewed. As of right now (November 2006), can I apply for a GC in EB1 status ? I read in few sources that I would have to be a manager outside the US for one year before applying for EB1 status but could not find any info on what if my visa changed from L1B to L1A while being in the US pretty much. Can anyone provide me with some info on this subject ?

I can add that my job responsibilities did not differ too much before or on L1B compared to the ones that I have now on L1A. Pretty much it was a title change and it always involved supervising of other employees.

Thanks,
Konrad.
Click to expand...


The law is very clear on this. You should have been a manager in the same capacity for the same organization or a subsidiary outside the country for a minimum of one year out of the three years prior to entering the USA

Since you have clearly mentioned that you were promoted to a manager level (which implies that you were not a manager before) in the USA, you would not be eligible for EB1.

You can check the USCIS site for more information. Also, just supervising employees is not enough. You should have discretion over their day to day work assignments and also have the ability to hire and fire.

I am not an attorney. So please use the information as such.
 
GC EB1 status

The 1 year overseas experience as a manager is totally misunderstood by lot of people i guess.I know many cases where an L1B holder has applied for GC under EB1 category.
If he had overseas experience as manager before coming to US, then why was he sent on L1B and not L1A? How did they prove this and get GC under EB1?
It does not matter if you entered US as manager or non-manager, whats more important is whether the GC job you are going to take up is of managerial level.
Imagine a situation where an employee comes to US as a developer and due to outstanding performance, he is promoted and becomes the Vice President of his department. Does this mean the Vice President will not qualify for EB1C because he did not enter US as manager? Makes no sense...So you current role and futiure job prospects decide your EB1C and not your past..
 
gcroute said:
GC EB1 status

The 1 year overseas experience as a manager is totally misunderstood by lot of people i guess.I know many cases where an L1B holder has applied for GC under EB1 category.
If he had overseas experience as manager before coming to US, then why was he sent on L1B and not L1A? How did they prove this and get GC under EB1?
It does not matter if you entered US as manager or non-manager, whats more important is whether the GC job you are going to take up is of managerial level.
Imagine a situation where an employee comes to US as a developer and due to outstanding performance, he is promoted and becomes the Vice President of his department. Does this mean the Vice President will not qualify for EB1C because he did not enter US as manager? Makes no sense...So you current role and futiure job prospects decide your EB1C and not your past..
Click to expand...
Thankyou. This is the clearest answer I've seen on this question till date
 
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