L1-A (Individual) I-485

[Wrangler]

Hello All,

I'm on L1-A (Individual) Visa in US for 2.5 Years and I have a Bachelors in Engg. Degree with 9 Years of IT exp. I have the following questions regarding Green Card Processing:

1) Will I fall under EB1 or EB2 or EB3?
2) If I fall under EB1, Labor Certification is not required. However if I fall
under EB2 or EB3, Can I file I-140 & I-485 without Labor Certification?
3) The filing dates for I-140 & I-485 is based on the proirity dates. If one
doesn't need to have Labor Certification (in case of Labor waived), can
they file anytime?
4) Other than my PRESENT L1-A EMPLOYER, can a new employer file my
Green Card using:
(a) My present L1-A (Individual) status?
(b) Without using my curerent L1-A (Individual) status?

Please advise.

Thanks,
Wrangler

 

[jazzyb]

1) Will I fall under EB1 or EB2 or EB3? - EB1
2) If I fall under EB1, Labor Certification is not required. However if I fall
under EB2 or EB3, Can I file I-140 & I-485 without Labor Certification? - Labor Certification not required
3) The filing dates for I-140 & I-485 is based on the proirity dates. If one
doesn't need to have Labor Certification (in case of Labor waived), can
they file anytime? - Priority date will Received Date of I-140 and PD has to be current to apply for I-485
4) Other than my PRESENT L1-A EMPLOYER, can a new employer file my
Green Card using:
(a) My present L1-A (Individual) status? - Yes if you are eligibile
(b) Without using my curerent L1-A (Individual) status? - No (As per my knowledge)

I am not attorney so do not treat this advice as professional.

Hello All,

I'm on L1-A (Individual) Visa in US for 2.5 Years and I have a Bachelors in Engg. Degree with 9 Years of IT exp. I have the following questions regarding Green Card Processing:

1) Will I fall under EB1 or EB2 or EB3?
2) If I fall under EB1, Labor Certification is not required. However if I fall
under EB2 or EB3, Can I file I-140 & I-485 without Labor Certification?
3) The filing dates for I-140 & I-485 is based on the proirity dates. If one
doesn't need to have Labor Certification (in case of Labor waived), can
they file anytime?
4) Other than my PRESENT L1-A EMPLOYER, can a new employer file my
Green Card using:
(a) My present L1-A (Individual) status?
(b) Without using my curerent L1-A (Individual) status?

Please advise.

Thanks,
Wrangler

 

[TheRealCanadian]

Will I fall under EB1 or EB2 or EB3?

That depends on the nature of the job and your sponsoring employer.

If I fall under EB1, Labor Certification is not required. However if I fall
under EB2 or EB3, Can I file I-140 & I-485 without Labor Certification?

No.

The filing dates for I-140 & I-485 is based on the proirity dates. If one
doesn't need to have Labor Certification (in case of Labor waived), can
they file anytime?

The filing dates for the I-140 are not based on priority dates at all - only the I-485. If you are filing in a category that does not require a Labor Cert, your priority date is the filing date of the I-140.

Other than my PRESENT L1-A EMPLOYER, can a new employer file my
Green Card using:

The only way a new employer could file an EB-1 multinational executive I-140 on your behalf is if you had worked for said employer's foreign branch for 1 year out of the past 3.