What Will Happen for My L-1A Status
and My Pending EB-13 (EB-1C) Application?

Dr. William:

Three years ago, I was transferred from Hong Kong to the parent company in Chicago to oversee the U.S. parent company's financial activities in Asia. My job title is a Financial Manager for Asian Operations, and my visa status is L-1A Multinational Corporate Manager. Very soon, the company in Hong Kong and my employer in the U.S. will no loner be in parent-subsidiary relationship. What will happen for my L-1A nonimmigrant status and my pending EB-13 (EB-1C) application?


Answer:

For you to maintain the L-1A nonimmigrant status, the two companies in Hong Kong and the U.S. must keep either a parent-subsidiary or a branch or an affiliate relationship. Once such relationship is broken, you lose your L-1 visa status.

Since your I-140 was filed for EB-1C Multinational Corporate Manager based on such relationship, once such relationship is broken, your U.S. employer is no longer eligible for the pending I-140 petition, and your I-140 along with your I-485 may be denied. 

 

 

 

 

 

 

 

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