Green card application by L1A visa holder needs PERM?

[manoj7698]

I am currently working on an L1-A visa (blanket petition). Before coming to US, I was working with the same company for 10 months in India. I have been in US since last 15 months. My total work experience is 6 years.

I am planning to apply for green card through my current employer.

I was told by the company's attorney that I will need to go through labor clearance (PERM) as one needs to spend 12 months in India with the same company for avoiding labor clearance requirements for L1 visa holding green card applicants. Is this true?

Your inputs in this regard is highly appreciated.

Regards

 

[APD]

I am currently working on an L1-A visa (blanket petition). Before coming to US, I was working with the same company for 10 months in India. I have been in US since last 15 months. My total work experience is 6 years.

I am planning to apply for green card through my current employer.

I was told by the company's attorney that I will need to go through labor clearance (PERM) as one needs to spend 12 months in India with the same company for avoiding labor clearance requirements for L1 visa holding green card applicants. Is this true?

Your inputs in this regard is highly appreciated.

Regards

I don't think so. I have not heard about any such rule that you need to do the LC if you have not spent 12 months in India. Acording to me you should be able to file for your 140/485 straigth away.

Good Luck.