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

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

Posted

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 are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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Posted

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 an experienced immigration law attorney. The information given may not apply to your individual situation. Immigration laws, regulation and procedure change frequently. This information should not be relied upon as legal advice and is not intended to create an attorney-client relationship. Please note that this site is open to the public and any information posted by readers can be viewed by government officials. Neither NY, NJ or TN offer certification as an Immigration Specialist. You can call 901-682-6455 to schedule a consultation appointment with me or one of the other attorneys of the Siskind Susser law firm.

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