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Impact of subordinate employees outside the U.S. or in third countries on L-1A and EB-1 petitions
Question details
I was on L-1A and later switched to H-4 EAD 3 years back (working with the same Indian multinational company for 15+ years). I manage a large team here in the USA, and some of my reportees are in the U.K. Since the H-4 EAD extension is taking time, my company plans to move me to Canada for one year. As per the plan, I will be back to the USA on an L-1A visa, and then the company will file for my green card in the EB-1C category. I don't have any team in Canada, and I will mainly manage the same U.S. and U.K. team from Canada.
FAQ Transcript
The USCIS will consider the broad range of your duties within the business context, including employees being supervised and managed in countries other than the USA (or Canada). In our experience, the USCIS looks at whether the benefit of the work you perform with your dispersed team flows to the petitioning employer and the corporate group, department, or division within the L-1/EB-1C equity/control relationship. But, of course, your particular facts need to be examined in context. So have your lawyers look at them very carefully.
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Guestbook Entry for SOTIRIS TSITSIOS, Greece
Name
SOTIRIS TSITSIOS
Country
Greece
Guestbook Entry for Ashish, United States
Name
Ashish
Country
United States
State
TX
Comment
I had a conference call with Mr. Khanna. I from India and have done my PhD. I was interested in filing for Green card through EB1 or NIW category. However, after looking at my CV he advised me that my case is not strong enough for either of the two. He said that whether I get the green card or not the lawyer will get paid, so I should be careful in selecting a category to file my green card under. This honesty really impressed me about him. I will take more legal advise before reaching a conclusion but at least Mr. Khanna was honest enough to give me his frank opinion and not take me for a ride as I have read about other attorneys / law firms. Thank you Mr. Khanna for your time !
Guestbook Entry for Guru Ganesh, United States
Name
Guru Ganesh
Country
United States
State
Wisconsin
Comment
A sound and pragmatic advice. Very professional and courteous. Very impressed for the sound judgement.
Hi i am from Greece i had a telephone conversation with Mr Khanna about EB1 and EB2 and NIW he was very helpful explaining to me that applications for the above are quite difficult for sb that has only a masters degree hence under his guidance i decided to do an MBA and later with his help to get H1B and apply for the green card. thanks , sotiris