I hold a L1-A visa, my employer lawyers are processing my green card through EB1. I got my I-140 approved.

Asked about 3 years ago - New York, NY

The lawyers had advised that I have to wait until I get promoted to manager to continue in the process (currently I do perform managerial roles but do not hold the title). Being promoted to manager may take a while and I am concerned that my process will be on hold and my L-1 Visa eligibility to stay in the country will expire. Is there any other choice that I can take? is it strictly necessary that I hold the title of manager? what would happen if I go as as Senior?

Attorney answers (2)

  1. Ari J Sauer


    Contributor Level 13

    Answered . I am not necessarily disagreeing with your attorney, but I will point out that the title of a position is irrelevant in determining whether a position is managerial in nature. If the job duties meet the requirements for a managerial position under the immigration regulations, it doesn't matter what the job title is.

    If you are unsure whether your attorney is giving you correct information, you should consult with an attorney to get a second opinion. Just because your company has hired an attorney does not mean you cannot hire your own attorney to make sure you are being taken care of.

    *The information here is for educational purposes only and should not be relied upon without first consulting with... more
  2. J Charles Ferrari

    Contributor Level 20

    Answered . You need to speak with the lawyers handling the case. They know the facts of the case. We do not.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, as not all the facts... more

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