Changing from L1B to EB1c (greencard) - is it possible?

[sanoj]

My friend told me that your law firm has filed an EB1c for him directly from an L1B. I was wondering how easy or difficult is it to do that? Do you need the company to petition for you? How long does it take?
thank you

[shah]

Yes it can actually be done because the elements to satisfy the EB1c are very similar to the one on L1. However, the position has to meet the managerial/executive nature and there are justifications to be made include possibility of business necessity. It is not an automatic EB1c although we have been successful in several cases. In fact, you should know that you do not have to be on L1 to file for the EB1c. You do not even have to be in the United States. Your company can actually file for EB1c (Employment Based permanent residence) directly to bring their high level managers and top executives to the United States. However, as a matter of principle and ease, we recommend going for the L1A visa first.

In conclusion, it is possible, however it is on a case by case basis and depend on factors such as qualifications and position being offered. Feel free to call us at 510 7425887 for a full assessment.

[Hasan]

My friend told me that your law firm has filed an EB1c for him directly from an L1B. I was wondering how easy or difficult is it to do that? Do you need the company to petition for you? How long does it take?
thank you

I personally handled this case. The difficulty depends on the particular facts of your case, but I can tell you that in the particular case we worked on, when he was on L1B his occupation was one that could also be considered managerial, and his job for the relevant 3-year period prior to admission to the US on his L1B, he was working in a job that could also be considered managerial. If he did not work in a position that could be defined as managerial role for at least 1 year within the 3 years prior to admission to the US, then it would not be possible to file the EB1C.

You do need a company to petition for you, which would be the same company that filed the L1B. At this time, premium processing is not available (but this may change in the future), so it would take about 5 months or so according to current processing times.

[miserable]

What happens if the L1 petitioning company is not agreeing to file the EB1c? Can I file with another company?

[shah]

What happens if the L1 petitioning company is not agreeing to file the EB1c? Can I file with another company?

No it will not work because you will not be a transferred from anywhere. So EB1C will not really unless there are some facts we are not aware of....possibly then!

[Risky]

What are the risk involved? Can someone ultimately lose their L1B by trying something meant for L1A? I think it might be a bad idea to even try it&&&&&&&&

[shah]

We just did it again. Client was on L1B and we received an EB1c approval as we speak today on November 14, 2012!

[danello]

Congrats good job., I am on H1B can I do this too?:

[advanced]

u mean u did not have to go through L1a? how is this even possible. amazing!

[Hasan]

What are the risk involved? Can someone ultimately lose their L1B by trying something meant for L1A? I think it might be a bad idea to even try it&&&&&&&&

Not a bad idea. A denial of any subsequent petition should have no bearing on your current status, unless there is something in the subsequent petition which indicates that the initial petition may have been obtained through fruad.

[shah]

And this is the testimonial of the Client:
Background: Before I found Shah Peerally Law Group, PC, I had been seeing a couple of the immigration attorneys. Neither they said "Ah..ah...I think you need to...ah....I need to do some research..." or "you definitely cannot apply for a Green Card because you are under L1B visa". After I went to see Hasan at Shah Peerally Law Group, PC, he had explained to me of his strategic step-by-step how he can help me with my Green Card application which gave me great confidence on his ability to successfully apply the Green Card for me.

My Case: I had been in the States for almost 5 years under L1B visa and is due to depart on Jun 2012 after reaching my L1B visa maximum stay for 5 years. Towards the end of my 5 years' term, the company had decided to sponsor me a Green Card just 2 months before my departure. During this short period of time, Hasan had helped me to prepare my EB1C application and submit to the USCIS. His work is very professional & well organized, and he is very patient and helpful to me when preparing the paperwork especially when he is trying to explain what information I need to provide to him to make me a strong case for the EB1C application.

Recommendation: If any attorneys says you are not qualified to apply for your Green Card under L1B visa, you need to at least talk to Shah or Hasan at Shah Peerally Law Group, PC, Newark, CA, before giving up your hope. They can make your American Dream comes true!
Hasan Abdullah

Lawyer’s Comment:
Thanks! I just want to add, the EB1C in this case was approved. Although the L1B category is not congruent to EB1C, it is still possible to go from L1B to EB1C in cases where the L1B candidate *could* have initially entered on L1A status.

[miserable]

I wish I could benefit from this. L1b to GC!

[sanoj]

How long you have from the time of entry to file for the EB1c? I have been working for the same company for 8 years. 6 years in India and now 2 years here on H1B, can I file too?

[shah]

You have to have been working for 1 yr in the past three years for the same company's branch, subsidiary or affiliate. Call us at 510 742 5887

[shah]

My friend told me that your law firm has filed an EB1c for him directly from an L1B. I was wondering how easy or difficult is it to do that? Do you need the company to petition for you? How long does it take?
thank you

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