Work VisaAug 7, 2018
Microsoftddreamer

EB1 success rate on L1B - Need advice

Hi, I moved to US on L1-B, even though I was a manager (my L1A blanket got rejected and my attorney filed it under L1B afterwards) Now, my attorney says that I am eligble for EB1-C (Manager category) as I was a manager before and I moved as a manager and she is open to file my case in EB1 or EB2 whatever I prefer. Given the scenario, I would like to get opinions on what are the chances of getting GC on EB1 with L1B visa? Should I try EB1 as it may take 2+ years to know the outcome of EB1 which will reduce my timeline to get EB2 eventually.

Add a comment
Postmates 1O1O1O1O1 Aug 7, 2018

If you file on EB2 you might not know the result of your GC approval in your entire lifetime. So go for EB1.

Travelers abkdb Aug 7, 2018

Check with your attorney on how confident he feels about EB1 getting approved. I would take a chance at EB1 anyways

Oracle 38 Aug 7, 2018

Its advice. Noun. Not advise, which is a verb.

Microsoft ddreamer OP Aug 7, 2018

Thanks for the correction!

Postmates 1O1O1O1O1 Aug 7, 2018

Grammar Nazi in the house!

Google UBdG56 Aug 7, 2018

Definitely depends on country. If India/China, eb1. Otherwise eb2.

LinkedIn InFr Aug 8, 2018

If India only then Eb1. For China Eb2 and Eb3 maybe faster

Microsoft hope. Aug 7, 2018

Now we have interview at I485 stage, means more scrutinized, so careful.

Dell lance_klus Aug 8, 2018

The interview at i485 is for all green card categories or only for eb1

Console Connect gqDS15 Aug 7, 2018

Has she filed for EB1C successfully before? Your success will depend on how strong the qualifying relationship is between the foreign entity and the US-based entity as well as your strong your managerial position is both before you entered the US and during your tenure in the US. If you don’t have direct reports both before the US and after joining the US entity up until the current date, you will likely not be successful. Previous managerial experience will also be critical in gauging if you are a manager. EB1C is more like 2-2.5 years these days. Expected to be RFE’d. Maintain your current status in parallel. Make sure documentation for both US & non-US companies are readily available (pay stubs for direct reports, job descriptions, resume, education, etc). It might be quicker, but it’s no piece of cake and is heavily scrutinized these days.

Microsoft compiler Aug 7, 2018

How many direct reports are needed?

Console Connect gqDS15 Aug 8, 2018

As many to convince someone that doesn’t can one bit about your education that you’re a manager.

Microsoft hope. Aug 7, 2018

Btw there is no RFE from sept 11, just direct denied status.

Microsoft ddreamer OP Aug 8, 2018

Is there some new rule now?

Microsoft hope. Aug 8, 2018

All type of application except DACA.

LinkedIn InFr Aug 8, 2018

Ask them to start the Eb2 perm process for now, perm takes about 8 months. Then file Eb2 I-140 is as well After one year you can try for Eb1c, I-140. If filed under premium you will know the result in 15days (approved, denied or RFE). If Eb1c does not go through then you can fall back to Eb2. Note: this is as I understand the rules, not a legal advice. confirm with attorneys, better yet you yourself read the rules on uscis site

Microsoft Santa222 Aug 12, 2018

AFAIK, there is no premium I-140 option for EB1C. It’s there for other EB1 categories but not for EB1C.

Microsoft ddreamer OP Aug 15, 2018

Thanks!

Amazon xena603 Mar 13, 2021

What option did you finally go with? I am also in same situation now, so trying to see whether I should repetition for L1-B to L1-A first or apply to EB1 while on L1-B?