you need to ask those questions to a lawyer.. everybody has different opinions may not be up to date and mislead your way.

In many platforms it was stated that the US employer has to file the petition for the manager according to USCIS rules

thanks April.. makes sense.. I value experiences so if one had been through the same situation.. wanted to get some sharing..

also sounds like they think you need to go through a PERM process (ie their comment around needing to reopen the role, length of process). With EB1C I didn’t need to go through PERM and I got my i140 petition approved in 6 months. still waiting on my i485, but my lawyers said to expect another 4 months max. but agreed - you should talk to a lawyer

thanks Gabriela! I’ll check what is a PERM process but then, from your experience, that is not needed for I-140 right? nothing I read so far led to I-140 needing such things.. I have the form and read it .. i understand it’s all about what is our current job.. nothing more. agreed I’ll talk to a lawyer. thanks again!

EB1C doesn't require a wage evaluation nor a PERM. If they're exploring a different route like EB2 ir EB3 without National Interest Waiver, they'll need to attempt to hire an American in your stead for 60 days.

You can find a lawyer and self-petition, instead of having an employer sponsor? Some categories are self-petitionable.

Only those eligible for NIW. You have to be an outstanding researcher, writer, celebrity, competition winner, etc. You can't self-petition if you're just a good developer or nice department director.

hey Ron and Alien.. thanks a lot for your interest and comments! i just realized you can’t “like” comments lol..

Alien, thanks for the suggestion but like Rom said, no self petition on EB1C is possible de rim what i understood.. EB standing for Employement Based.. makes sense that an employer shall petition..

Rom, thanks so much for confirming easily that EB1C doesn’t require wage evaluation nor PERM! Super helpful!!! I am on a L1A meaning I was a manager in France and was brought here in the US for the same and will then go for EB1C.. because like you said, I confirm I am just a simple nice department head of.. thanks again Rom!

You have to go through EB1C (I did too), it should take about 6 months (at least that’s what USCIS has committed to, and several people have gotten it even sooner). For the company is an extremely easy process (they only need to sign a simple form). If they don’t want to do it is because they don’t know how easy it is for them or they just want to have an advantage over you having you on L1. Feel free to contact me if you want.

my company kept me on a leash for almost 6 years before filing + didn't want to do concurrent 485, probably because of the AC21 option. It isn't always the company's best interest, even if easy, they enjoy keeping us hostage and squeeze it to the MAX

thank you Jose!.. if they don’t know it is one thing.. my HR thought there was PERM process and talked about wage evaluation so it’s the proof that she did not took the time to document herself before coming back to me.. therefore I wrote an email that I will send tomorrow to clarify + remind motivations so my request is re assessed.

thanks Rom! so if they don’t know, it’s one thing but if they do know and just want to keep us hostage as you described or don’t support, it is frankly disgusting.. this is indeed the immigration process but the company business and ethic is then very questionable. Reminder, if we are on a L1A that means we already have been brought here for business reasons.. and now because we created a life here and want to extend, they won’t support us staying beyond the L1-A and advise just to go back? this is inhuman..

That sucks!! I arrived under L1A as well, but my employer filed for I-140 (EB1-C) and I-1485 two months after arrived. HR said it was cheaper to apply for greencard than to renew L1A later on. Now I see it is not how other companies see it, as when you are under L1A you are chained to your employer as you cannot changes jobs or complain as the only way out is going back home or getting a greencard thus some companies might take adavantage of that. Filing I-140 costs $700, but only the employer can do it as they need to sign the documents and provide a support letter signed by HR explaining how you contribute to the company. Mine was approved in 20 days as EB1-C does not require PERM Labor Certification and now I am just waiting for I-485 approvall. Bonne chance à vous Vik! hopefully you can convince them to file at least I-140 for you, try offering them to cover all expenses and get a good lawyer.

you can also try the uscis reddit forum, there is a lot more people there going through similar case

Hi Arnie, thank you so much!!! you are absolutely right in all you said. indeed cheaper to go for EB1-C compared to renewal with flights back to France for my Familly etc.. but they are not educated OR they love that situation where we are hostage.. not very good business nor ethic value wise if you ask me. I sent a very well documented e-mail with process explanations and my motivations but it’s like begging, sincerely.. a horrible feeling and meanwhile, i continue to perform as much as possible for the company that I love.. not so much the business unit if you see what I mean.. thanks for taking the time.. thanks for the emotional support Arnie!