EB-2 and EB-1 concurrently??

S

srisun1

New Member
Need some guidance.

My LC (State of Florida) was submitted in December 2004 under RIR. My attorney tells me that it will go to the National Backlog Center and is not sure how long it will take to approve the LC.

My situation.

1. I was working for a company in India for over a year as a manager before I came to US in 2002. The company I work for now has the same owner as the company in India.

2. I entered and am in US through H1B and not L1.

3. My H1 is for IT Business Analyst.

4. As my EB2 may take a long time, I was wondering if my employer could apply for EB1 (Multinational Executive/Manager) while the LC is in process for EB2.

Questions:

1. As I am not on L1, will I not be qualified for EB1?
2. As my H1 is for IT Business Analyst and NOT a manager - will I not be qualified for EB1?
3. If my employer certifies that I will be employed as a manager (and that I was employed as a manager in their foreign company), will it suffice as qualification for approval under EB1?
4. If I can apply under EB1 - what documents do I require from the employer and myself?

Any help will be greatly appreciated.

Thanks

Ram
 
srisun1 said:
Need some guidance.

My situation.

1. I was working for a company in India for over a year as a manager before I came to US in 2002. The company I work for now has the same owner as the company in India.

2. I entered and am in US through H1B and not L1.

3. My H1 is for IT Business Analyst.

4. As my EB2 may take a long time, I was wondering if my employer could apply for EB1 (Multinational Executive/Manager) while the LC is in process for EB2.

Questions:

1. As I am not on L1, will I not be qualified for EB1?
2. As my H1 is for IT Business Analyst and NOT a manager - will I not be qualified for EB1?
3. If my employer certifies that I will be employed as a manager (and that I was employed as a manager in their foreign company), will it suffice as qualification for approval under EB1?
4. If I can apply under EB1 - what documents do I require from the employer and myself?

Any help will be greatly appreciated.

Thanks

Ram
Click to expand...

Ram,

You are probably best off asking your lawyer about this. Certainly, the L1 to EB-1 route is the best route to take in terms of permanent residency. However, I think you will have to explain why you waited 3 years to get an L1. You may not even qualify. I am not familiar with the intricasies of the L1. There is a forum somewhere here, though.

Brian
 
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