Options to come back to US with Green card in mind
I am an Indian national, did my masters in US and worked in US with OPT. My company moved me to UK about an year back after 3 unsuccessful H1 attempts and delays in H4EAD which led to loss of work permit. I am looking to come back to US and evaluating my path back.
Some facts:
1. I have an approved EB2 I140 with Jul 2020 priority date. This was filed by my employer while I was on F1.
2. I have H4 Visa and EAD valid till 2023. I transfered to H4 after landing in UK and surprisingly EAD notice came last week after 18 months of my application.
3. I am a Senior Product Manager. Technically an IC but leading / managing folks on my project. Getting JD updated for manager will not be a challenge.
I am seeking advise on fastest way to come back to US while upgrading myself to EB1 and fast tracking green card process.
Options:
1. Come back on H4EAD -> transfer to L1A in US -> upgrade to EB1 (fastest)
2. Wait for L1A to process and then come to US -> upgrade to EB1 (slower given L1s are not processed outside of US currently)
3. Apply for EB1 upgrade and I485 EAD from UK and then come to US skipping L1A (is it possible?)
comments
H4 EAD is afaik a very permissive permit, as long as you're ok being tied to your spouse's H1b status (i.e. potentially more pressure on them to maintain their job).
You cannot do option 3 as that is for adjustment of status and you are not doing that. Conservatively option 2 is straightforward and doable