ritu Reddy
May 28, 2024
EB1 Current situation
Hi There, I've a complicated situation. Am an indian national on L1A managerial visa and my employer haven't filed/started the GC process yet. it's been 2+ years on L1A visa already close to renewal period. Am in a frustrated situation right now as nothing is moving forward with this employer. I know through L1A we can file on EB1. am thinking of moving to H1B as I have previous approved petition(not stamped).
what are the pros and cons on this?
1).Is it better to wait for some more time on L1A(less paid job) , I know EB1 went back to few years and no longer current and not sure when it will become current.
2). Is it worth waiting? as EB1 queue is not moving forward at all based on last 1 year data.
2). Move to H1B(may be with good salary) and wait in queue for lifetime for the GC.
kindly let me know and suggest further on this situation.
ADVERTISEMENT
Atharv AMay 28, 2024
@ritu Reddy first you discuss with your supervisor and get timeline when they are going to intiate and explain current situation. try your level best to intiate as soon as possible and get it done.i suggest you not think any other solution and create problems and long wait time on other eb category. we all are came from that situation and can understand your situation.
ritu ReddyMay 29, 2024
Thanks for your response @RW BM. I heard something like we can apply for EAD after months of I140 approval. Is it real and works well?
ritu ReddyMay 29, 2024
Thank you @Atharv A for the suggestion. Yes, trying hard with the employer but nothing happening. on top of it, EB1 moved out to past years than current after my arrival here. not sure when it will become current. sometimes I feel like people who came around 2021 or before a we e lucky as no wait period for them and it is straight forward.
Atharv AMay 29, 2024
@ritu Reddy I don't think so you can apply for EAD until it is current.
my motoMay 29, 2024
some companies file GC before final extension , it depends on priority dates how they are moving .
ritu ReddyMay 29, 2024
Thanks @S H for your response.
sam kMay 30, 2024
often, the biggest hurdle with filing an EB1-C is the employer itself because obviously it’s an employer sponsored petition. look for an internal opportunity in the company that could potentially open up this path later . if none , then I don’t see a point working for this employer. But I would still wait for some more time to see if there is a sliver of hope in the current employer somewhere .
spv cJun 6, 2024
@ritu Reddy Best line of action are - Move to H1B with same employer, ask employer to apply EB1C I-140 if you qualify and wait for date to become current for your PD. L1A extension is good idea to but if you already have H1B lottery secured from the past, why not just move to it? L1A is advantageous if your spouse wants to work immediately. H4 EAD will need I-140 to be approved.
