L1B to L1A - For faster GC

[sr_srikanth]

Hi, I am working for a multinational large company and came here on L1B. Applied for LC in NY and been waiting for more than 1.5 years and still no sign of LC approval for another year. So I really need some advice about my options.

I got promoted in my job and now manage people. Even though my designation is Senior Technical Specialist, I do a managerical function and my question is that will it allow me to be able to convert to L1A? If my L1A is approved can I bypass the LC and go to the next stage?

My company has balnket pettion for L1. But can it be used to convert from L1B to L1A?

Any inputs from any one? Especially Jim Mills?

Thanks.

 

[Jim Mills]

You would need to have been a manager overseas within the past 3 years. It may be possible but it will depend on all the facts. Why bother though? If you qualify for an L-1A as a manager you will qualify for an EB-1. Why not just file an EB-1 as an international manager/executive? The only advantage of doing the L-1A first is it makes proving the EB-1 a bit easier since it was already proven in the L-1A filing.

I'd just file the EB-1 directly. Why do two filings at this point?

 

[sr_srikanth]

Thanks for the reply and I will check with my attorney about that.

Assuming I continue on the same status L1B, filed for LC in NY, waiting for 1.5 years now, my L1B visa will expire in March 2004( Five years getting completed). I understand that the new law only allows H1 visa holders to extend the visa beyond 6 years if LC or 140 is pending for more than a year and not L1 visa holders. So after 5 years, if I apply for H1 and switch to that, will the new law be applicable in my case also?

What are my options to continue here, after my L1 visa period. My job is very stable and my company is a big MNC which is willing to support me in GC process.

Thanks.