Dr. William:

I am in L-1B status currently, close to the 5-year limit in L-1B status. About seven months ago, I was promoted to a manager of a technical department in the U.S. subsidiary of my current employer. Can I file EB-1C multi-national corporate manager or executive petition now to avoid the current visa retrogression problem in EB2 and EB3?

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Answer:

Under the L-1A rule, once you have worked in a managerial capacity in the U.S. subsidiary for six months or longer, you are eligible for the L-1A visa status, which will give you at least two more years, compared with the 5-year limit in L-1B status. Your employer may file a L-1A petition on your behalf to change your status from L-1B to L-1A, and extend your nonimmigrant status. 

However, do not be confused with your eligibility for EB-1C immigrant petition after attaining L-1A status in the U.S. You will still be ineligible for the EB-1C immigrant petition, because of your work experience with your parent company in your country was not in a managerial capacity for at least one year. 

 

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