Dr. William:

I had worked for a foreign company initially as a manager in only half year, before I was transferred to U.S. I have been working in U.S. in L-1B status which has a five-year limit. By next year March, my L-1B will reach the five-year limit. I cannot change to H-1B now because of the H-1B annual cap. Since I am in a management position now, can I change to L-1A visa in U.S.? then file an EB-1C immigration petition for my Green Card?

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Answer:

At the time you came to U.S., you were not eligible for L-1A visa which is granted only if the alien worked for a foreign parent company at least more than one year prior to your transfer, in the capacity of a manager or an executive. Therefore, you were eligible only for L-1B visa at that time. 

The maximum allowed stay in U.S. on L-1A status is 7 years, while the same for L-1B status is only 5 years. When it comes to the immigrant application of EB-1C, you are still not eligible for such EB-1C immigration petition, as you failed to meet one-year managerial work experience requirement at the foreign parent company before you enter the U.S. 

 

 

 

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