EB1 - I140 Audit

jay_kumar171975

New Member
Hi there,
I shall appreciate, if someone who is in similar situation can share his/her experience.

I am currently in US with my wife and son. I came to US 5 years back on H1, remained on H1 for 4 years and then got transferred to L1A with EB1 category last year. My company processed my I140 under EB1 category last year and got I140 approval last year itself. I processed my I485 and already got EAD, AP and also got finger printing done last year itself. We are getting processed at Nebraska centre.

Now, few days back, my attorney got a notice from immigration for my I140 audit, which actually got approved last year. They are asking lot of documents in terms of my role. org chart when I was in India, my current role, org chart, job responsibilities & such. Attorney says, I was one of the random pickup and this is something new immigration dept. have started for EB1 category.

I shall appreciate your experience and advise on same.

Thanks - Jay
 
It looks like you do not meet the requrements of EB1C, even you have the L-1A status now.

There are two types of people who are currently in L-1A visa status in the U.S. One is those who were granted a L-1A status from the beginning, because of their executive or managerial experience at least for one year with the foreign parent or subsidiary or affiliate company. These L-1A holders can apply for I-140 Green Card application in the EB-1C category, without a Labor Certification.

The second group is those who did not meet the L-1A visa requirement at the time they first came to the U.S. but because of the promotion to an executive or a managerial position for six or months in the U.S. parent or subsidiary or affiliate company, they were allowed to change status to L-1A. But these L-1A holders can not apply for I-140 Green Card application in the EB-1C category, and may need to apply for the Labor Certification first.

Please see http://www.greencardapply.com/manager/mang_faq.htm
 
Hi
I Am A Multinational Executive Working For The Same Company For Last 15years (11 Years In India And 4 Years In Usa For The American Company Whose Parent Company Is Same Indian Company). I Got My 140 Approved As You Can Find The Other Info From My Signature Down Under.

My Priority Dates In Visa Bulletin Are Current But The Processing Times In Tsc Still Shows July 2007 Where As My Rd Feb 2008. My Ead And Ap Is Approved And Received Accordingly. Now Should I Contact Uscis For 485 Or Should I Contact Them When Processing Times Are Current.
 
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