Can a L1B be converted to L1A? If so, what is the success rate and how to make you application strong so it isnt rejected?

Asked 4 months ago - San Francisco, CA

I am a Canadian Citizen (born Indian national) on an L1B from Canada to the US. My spouse (Indian citizen - born Indian national) who could get an L2 has a F1.

We would like to apply for a Green card and are wondering the best possible route? I have heard that L1A to a GC is much easier and faster. If that is the case, can I switch to an L1A (Given that I now must look for a managerial role in my company). Any advice will be of much help in talking to right attorney.

Attorney answers (3)

  1. Giacomo Jacques Behar


    Contributor Level 20


    Lawyers agree

    Best Answer
    chosen by asker

    Answered . Generally speaking, and based on past experience, while someone on L1 B status can switch to L1 A., if qualifies. the chances of that the person obtaining a green card through EB-1(c) category are next to nil. A much better route would be to attempt to obtain a green card after having been first admitted into H1B status and have the employer file a PERM application for labor certification as soon as possible. Your place of birth, however, will come back and bite you when it comes to "priority date" for updating the green card, Fort there what will determine will be your country of birth, and not country of current nationality.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that... more
  2. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

    Answered . No. Nothing can be converted to anything. It is not a currency world. Your employer can file for a change of status from L1B to L1A for you. For that, they should hire an immigration attorney and not rely on HR people who have no business practicing law, nor have the capability to do so.

    The information contained in this answer is provided for informational purposes only, and should not be construed... more
  3. Maria J. Marty

    Contributor Level 17

    Answered . Switching to L-1A is definitely possible. EB1c maybe, you really should just consult with an attorney in San Francisco that does this all the time. Jackson & Hertogs, talk to Dan or Ilana, they could assess your case quickly and accurately.

    Due to the nature of this forum, Attorney Maria J. Marty does not have all the information required to provide... more

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