We successfully assisted the client company, an online retail business, in filing an L-1A “new office” petition to enable the beneficiary to join the U.S. subsidiary temporarily as Chief Executive Officer to lead the development and formulation of the U.S. Entity’s short and long-term strategy. While in the U.S.
I am currently working as a Senior Software developer at a small company (13 employees). It is privately held and I don't have any stake in it. I am on an H-1B visa and my I-140 is approved under the EB-3 category. I see an opportunity to start a team in India for my current company. I can manage the team from India, staying there for a year. After that, I can come back to the US and still manage the Indian team while working in the USA. I will probably have to play a dual role where I am a senior developer and should manage the Indian team. Will I be eligible for EB-1 manager/executive level after 3 years? If not, is there an easy way I can leverage the advantage of working in a small shop to get a green card faster.
You should be able to include the team in India amongst the professionals you manage if the benefit of the work flows to the corporate collective. You don't have to be outside the USA for three years. The required time period is one year. This could work, but you must have a detailed consultation with your lawyers. They should make sure your proposed jobs in India and then in the USA meet the legal requirements for an L-1A/EB-1C.
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
I was on L-1A and later switched to H-4 EAD 3 years back (working with the same Indian multinational company for 15+ years). I manage a large team here in the USA, and some of my reportees are in the U.K. Since the H-4 EAD extension is taking time, my company plans to move me to Canada for one year. As per the plan, I will be back to the USA on an L-1A visa, and then the company will file for my green card in the EB-1C category. I don't have any team in Canada, and I will mainly manage the same U.S. and U.K. team from Canada.
The USCIS will consider the broad range of your duties within the business context, including employees being supervised and managed in countries other than the USA (or Canada). In our experience, the USCIS looks at whether the benefit of the work you perform with your dispersed team flows to the petitioning employer and the corporate group, department, or division within the L-1/EB-1C equity/control relationship. But, of course, your particular facts need to be examined in context. So have your lawyers look at them very carefully.
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Discussion Topics, Thursday, October 28, 2021:
FAQ: Change of jobs with an approved I-140 from employer A and Reapplying PERM through B || Impact of reportees outside the U.S. or in third countries on L-1A and EB-1 petitions || Are L-1B visa holders eligible to work remotely? || Approved EB-2/EB-3: Interfiling/upgrading to EB-2 with employers A and B || Working outside the U.S. for four months with a recently issued green card || Documents needed by and anticipated questions for green card holders at the port of entry
Both my L1A visa related work and my EB1C related work is done by Rajiv's Law office. My experience with them was simply awesome. They know the process well and they 1st understand the profile and about company and guide us accordingly. I think they are really a subject matter expert in this. Also I appreciate the response time, Anna worked on my L1A and Diane worked on my GC application and both were kind, pateient and prompt in responding any query. They patiently asnwered all my queries during the process. I got my GC in 2 month's time after filing and it was quick. You get personalize service during the process and which is very important since you are sure about what you are submitting to the department. Overall it was very plesant experience working with Rajiv's office and will definately recommend this office for all future immigrants. Good luck Rajiv and his team.
I am on L-1A (been about 4 years) from company A and in closing stages of getting a very good offer from company B. Both A & B are global corporations. For company A, I oversee business across continents (Both North America & Latin America). Company B is very keen on having me on board.
1. What are all the possible options on visa front so that I can join company B?
2. What is the quickest option that can help me get on to company B?
3. If I want GC, can company B file for it when am still on payroll of company A - if so, can it be EB-1?
Since A and B are not related, H-1B is the only obvious option to join B. B can start your green card even before you join, but it will not be EB1 (international manager/exec.).
What is the chance for a L-1A visa holder of 9 years experience (2 years in USA) to qualify for a EB-1 category. Catch here is the original company which provided the L-1A visa will not apply for GC. Can I apply for GC myself in EB-1 category?
You or any company not a part of the L-1A employer cannot apply for green card based upon your international manager/executive status.
I work for company A for the last 7 years. I have been a manager with the same company for 5+ years. I am now in US for past 1 year on L-1 A Blanket visa. My current employer is not agreeing to file my GC. Some one told me that the scenario listed below is possible.
Scenario: Identify a new employer who is ready to sponsor my GC. Since GC is about future permanent employment, that employer can directly file my EB1. I can join the new employer once my EAD comes through. Is this possible?
Not entirely true. The GC IS for a future job. An employer CAN, based upon a good faith intention to hire you in the future, file a GC for you even while you are not working for them. But, an EB1 for an international manager/executive can only be filed by a company related to the company you worked for when you were outside USA.
Hi, I had a query about L1-A processing with a very specific challenge I was facing. I took 15 mins consultation and paid $220 but I tell you, it was REALLY WORTH it. Not only Mr. Khanna helped counter that challenge but also he told me a way to overcome it completely. I really appreciate Mr. Khanna's professionalism and really greatful to him THANKS a LOT for all your help!
Dear All, I have started my consultation with Rajiv and as of date have got genuine feedback on my profile. He was open and straight in his comments about my NIW case. Now I am working with Rajiv to get L1-A done for me. Have the belief that my L1-A petition would be through and successful. Thanks You very Much.