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URGENT: L1(Comp A) to H1B cos(Comp B) done. now company L1 Company A want to move back the cos to H1B

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URGENT: L1(Comp A) to H1B cos(Comp B) done. now company L1 Company A want to move back the cos to H1B . ( i.e H1B to H1B cos). I asked my L1 companyA to move the cos from H1B to L1A so that the GC processing will be easy on EB1 category. But the L1Company is moving to H1B and saying that we can do the GC in EB1 Category even in H1B as you have worked as manager in past 3 years outside usa. and also L1A rejections are more so H1B is the best option.
Question1) - Is it possible to file GC on EB1 category in H1B status.
Question2) - if so, What is success rate of GC/EB on H1B than on L1A.

Attorney Answers 3


Although an EB1c petition can be filed whether you are in L1A or H!B status or other nonimmigrant status or even outside the U.S. as long as you have been a manager or executive for an aggregate period of 1 year for a company outside the U.S. with a qualifying relationship to the U.S. company, and the U.S. company has been doing business for 1 year, there is no logic in the statement that EB1c is more likely to be approved while you are currently in H1B status. Discuss case specific matters with your current immigration attorney.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter, nor should it be viewed as establishing an attorney client relationship of any kind.

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Ajay Kumar i got best answer from you always.I have been manager for an aggregate period of 1 year outside the company US with qualifying relationship to the us company which has been doing business around 16 years. my direct question here is 1) GC/EB1 thru L1A path is the best or GC/EB1 thru H1B path is the best ? Why I am asking this question is - My company saying as L1A rejections are more we will file cos to H1B and will work on GC/EB1 path. So i want know from experts like at least at high level whether this path works or not.

Ajay Kumar Arora

Ajay Kumar Arora


EB1 is approved on its merits whether the beneficiary is currently in L1A or H1B status. Therefore, I do not see the logic in changing to H1B as it will not improve the odds of EB1 approval. However, the final decision is your employer's...


The company, with the advise of their attorney, may decide the course of action in the best interest of the company which may/ may not be in your best interest. Sometimes conflict can exist and as far as employment based petitions go, the employer may just have the last word. All petitions are adjudicated on merits despite the odds of a certain percentage of denial for certain visas.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.

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1. Yes and 2. Success rate of GC on H1B versus L1A - this should not play into whether it is successful or not. L1A is the best GC option so work with the company attorney and also possibly seek your own independent attorney to review this case and make sure it is filed correctly.

Ms. Ritter has over fifteen years of immigration experience, a former INS Officer and Santa Clara Valley AILA Board Member. The response given is for informational purposes only, general in nature, and should not be construed as legal advice on the topic, nor does it establish an attorney client relationships. You are encouraged to seek a qualified attorney for a complete review of the issue.

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