Want to File for a GC - but not sure which way to go fwd

[vrajeshj]

I hold a Bachelor\'s Degree and have a total experience of 16+ years in IT. I have been on H1-B with from Jun\'99. My H1-B is expiring in Nov\'2002. I am working with a Global IT company that has offices in Asia, Europe, US and ASEAN regions. I joined this company in Dec\'97 in Asia and since have been posted to their Europe Office and now the US Office. I have a daughter who was born in the US and is a US Citizen. I would like to file for my GC and am not sure what is the best way to go forward on it. My H1-B states my position of a programmer/Analyst, but the role that I am performing are that of a Project Manager and Co-ordinator.

My employer says that they have currently stopped filing as the number of responses they received on the Ads placed is very high and it would be a problem to get the LC - Is this true?

My employers also have a Blanket L1-Visa. Should I get my H1-B converted to L1 Visa first before getting the Labour Certification and can they do it?

I would appreciate if anyone can guide me - Thanks in advance.

 

[Jim Mills]

Answers

Q: My employer says that they have currently stopped filing as the number of responses they received on the Ads placed is very high and it would be a problem to get the LC - Is this true?

It\'s probably true but many employers are still filing. It is possible but it is more difficult.

My employers also have a Blanket L1-Visa. Should I get my H1-B converted to L1 Visa first before getting the Labour Certification and can they do it?

If you qualify for an L-1A as an international manager or executive you could file for an EB-1 and thereby bypass the LC. You don\'t need to convert to an L-1A although there may be advantages to that. Timing here is critical since there are very specific eligibilty requirements. Conversion to an L-1B buys you nothing.

Good luck.

Jim

James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702