Frequently Asked Questions - EB1 Green Card

International Managers, Executives (1)

  1. Employment Based Self Application
  2. Contacting USCIS when EB-3 is Changed to EB-2
  3. L-1A to EB-1
  4. L-1A Visa and Green Card Application
  5. Premium Processing not available to multi-national executives and managers
  6. Premium Processing for EB-1-3
  7. L-1 A to Greencard
  8. L-1A holders trying for EB-1
  9. Green card for L1-B or L1-A holders
  10. EB-1: 1 year in 3 years preceding the petition
  11. EB-1 for a visual artist
  12. EB1 - stay requirements
  13. EB 1 approvals
  14. L1A to EB1 from outside USA
  15. Chances of L1A to EB1
  16. EB-1 Visa Processing for medical doctors
  17. Outstanding researcher
  18. EB1 Extraordinary ability
  19. Considering EB-1 application (research)
  20. If my company applies EB1
  21. I was married 9 years ago, getting divorced - EB1
  22. EB-1 derivative green card delayed
  23. L-1B applying for green card
  24. Is employment required for EB1 extraordinary ability applicants?
  25. Investment based green cards
  26. Obtaining H-1 Extension beyond 6 years
  27. L-1B applying for green card
  28. Criteria for Outstanding Researcher/Professor Category
  29. Pointers for EB1/NIW filings
  30. Filing EB1 while EB2 AOS is pending
  31. Basic Criteria for Extraordinary Ability
  32. Effect of take over on L-1
  33. Time of stay and definition of a manager/executive employee for L-1A and EB-1C
  34. Downgrading from EB-2 to EB-3
  35. How Can I Downgrade from EB-2 to EB-3 and Consequences
  36. Porting Priority Date from EB-2 to EB-1
  37. EB-1C for Functional Managers - Overseas Team Inclusion
  38. EB1-A
  39. Filing EB-1C, International Managers or Executives Green Card
  40. Current Immigration/Visa Options for Entrepreneurs
  41. Extension of Investor Visas, Religious Visas, Conrad 30 for Physicians
  42. Can a Green Card be Started on F-1 Status?
  43. Filing green card through multiple categories or employers and/or family simultaneously
  44. F-1 Student Directly Filing for a Green Card
  45. EB-1C Green Card For International Manager Or Executive
  46. EB-1A Directly from India and Green Card
  47. The Proposed I-140 EAD Rule - FAQ's
  48. Green card through a future job
  49. Considerations for AC21 job portability
  50. Changing Jobs During Green Card
  51. EB-1C (Multinational Manager) Eligibility and Clarifications
  52. Do I Qualify for EB-1
  53. GC in L1-A Visa
EB1 Extraordinary ability
I filed my EB1 and EB2 NIW together, EB1 was denied but EB2 NIW was approved. I refiled EB1. I am a physician at one of top university , with many publications, presentations and offers from top league universities. There are only 12 people in the whole US that do same thing as I do in my clinical speciality. However I do not have any awards. What are the chances that my second filing of EB1 may go through.

Impossible to answer, Doc. This is like diagnosing a patient without access to the patient or his records. Impossible for me to say. I do not know your case.

Current Immigration/Visa Options for Entrepreneurs
What are the requirements to get a visa and green card as an international entrepreneur? Is the start-up visa effective?
Impact of the new I-140 regulations
My I-140 approved (India/EB2) from Employer A in June 2015, I joined Employer B in Oct 2016. Employer A sent revocation of my I-140, on USCIS website today is showing below status: "On December 7, 2016, we received your correspondence for Form I-140 …" Will I still be eligible for 3 years of multiple H-1 extension with my approved I-140 from employer A without filing new I-140?
Writ of Mandamus against delay
I am currently pending I-485 (EB3, skilled worker employment based, priority date Oct 2008) since April 2014. I submitted inquiries through congressman, they received a letter that my case is on hold indefinitely. Do you recommend filing Writ of Mandamus or would that cause a denial? What other actions can I take, I've submitted a case through the Ombudsman and met with a USCIS officer through Infopass appointment (who told me nothing). No RFEs have been issued for this case, I-140 was approved and fingerprinting done (twice, since first set expired).

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

https://youtu.be/F0YZD8zWm88?t=333

FAQ Transcript:

Writ is simply order of the court or a formal order.

EB-1C for Functional Managers - Overseas Team Inclusion
I had few questions on EB1C filing; - I am here in the US from 2015. Prior to that I was working as an Manger for the same firm in India. - I was appointed as a Principal and then promoted as a Solution Manager last year. My role involves tasks during the entire duration of a given project and as part of the project I co-ordinate with the offshore teams assigned on the project for deliverable and to assign other tasks related to the project. 1. As part of EB1C filing is there a mandatory requirement that a manager should be having dedicated team members 2. If 1 is yes then can we consider the offshore team members assigned per project who would be supervised to the level of getting status of tasks, providing clarifications, training them etc. 3. Is there a minimum number of reports required in the US and while I was in India, and if those reports have left the organization is that Ok?
Outstanding researcher
I'm a researcher at a university and I will probably try to apply for EB1, Outstanding Researcher. I'm currently on an H-1 (since Oct. 2007). Are there certain stages in the process in which I won't be able to travel outside the US?

I cannot think of any stage at which you cannot travel. Good luck!

US embassy denial
I have my EB2 approved by the USCIS, do I still get the chance to be denied by the US embassy for the consular interview?

It is unlikely, but possible.

The pending rules for EB-1
Are they changing the law for EB-1? What is the change?
The only PROPOSED change is that Outstanding and Researchers will be allowed to present evidence beyond the six categories stated in the regulations.
The only PROPOSED change is that Outstanding and Researchers will be allowed to present evidence beyond the six categories stated in the regulations. - See more at: http://www.immigration.com/comment/13356#comment-13356
Employment Based Self Application
1. I have an H-1B visa which it is going to end in October 24,2013. My employer doesn't want to sponsor me for a Green Card, because they said that they only sponsor their managers. Although, their AT&T client doesn't want to lose me. Also, I would like to let you know that I came to US with a F-1 visa,got a Master degree in Business/Computer Information Systems, I have a Bachelor degree in Computer Information Systems (Peru). I would appreciate to know if I can apply it by myself and what chances do I have to get it and in case that I can apply by myself what are the steps to follow. 2. My Master Degree from a US University is not valid, even my work experience which is more than 10 years 6 years here in US and 6 years in Peru. Is it because I am from South America? I would appreciate a better explanation why I don't qualify.

1. Under the current laws, self-application seems not to be an option for you.

2. There are only three categories for employment-based self-application: EB-1A (Extraordinary ability alien), National Interest Waiver and EB-5, investment. There is no category I can think of under which you may qualify for self-application (without an employer's help). If you would like a consultation to understand further, join our free community conference call. A one-on-one consultation may not be necessary.

Contacting USCIS when EB-3 is Changed to EB-2
How do I contact the USCIS Service Centers to inform that a priority date is current, that an EB case has been upgraded from EB-3 to EB-2, or that dependents have been separated from the principal applicant’s petition?
L-1A to EB-1
I am on L-1A (been about 4 years) from company A and in closing stages of getting a very good offer from company B. Both A & B are global corporations. For company A, I oversee business across continents (Both North America & Latin America). Company B is very keen on having me on board. 1. What are all the possible options on visa front so that I can join company B? 2. What is the quickest option that can help me get on to company B? 3. If I want GC, can company B file for it when am still on payroll of company A - if so, can it be EB-1?

Since A and B are not related, H-1B is the only obvious option to join B. B can start your green card even before you join, but it will not be EB1 (international manager/exec.).

L-1A Visa and Green Card Application
What is the chance for a L-1A visa holder of 9 years experience (2 years in USA) to qualify for a EB-1 category. Catch here is the original company which provided the L-1A visa will not apply for GC. Can I apply for GC myself in EB-1 category?

You or any company not a part of the L-1A employer cannot apply for green card based upon your international manager/executive status.

 

Premium Processing not available to multi-national executives and managers
Why is Premium Processing not available to multi-national executives and managers? To exclude this group of aliens seems arbitrary and counter-intuitive.

USCIS has not yet finalized the system and has not announced when it will begin.

Premium Processing for EB-1-3
Has USCIS provided an update on premium processing for EB-1-3 multinational managers and executives. At the AILA conference in Nashville, it was reported that it would be available by the end of the fiscal year.

USCIS does not anticipate expanding Premium Processing Service to include EB-1-3 multinational executives and managers for the foreseeable future.

L-1 A to Greencard
I work for company A for the last 7 years. I have been a manager with the same company for 5+ years. I am now in US for past 1 year on L-1 A Blanket visa. My current employer is not agreeing to file my GC. Some one told me that the scenario listed below is possible. Scenario: Identify a new employer who is ready to sponsor my GC. Since GC is about future permanent employment, that employer can directly file my EB1. I can join the new employer once my EAD comes through. Is this possible?

Not entirely true. The GC IS for a future job. An employer CAN, based upon a good faith intention to hire you in the future, file a GC for you even while you are not working for them. But, an EB1 for an international manager/executive can only be filed by a company related to the company you worked for when you were outside USA.

L-1A holders trying for EB-1
I have 6 years experience with the same company with 4 years experience in US itself. I am on L1A visa and I have only a 4 year Bachelor Computer Science engineering degree. What GC category will I fall under?

L-1A holders should try under EB1. You could be done in a year.

Green card for L1-B or L1-A holders
I currently have a L1-B visa and I'd like to know if the company where I work(a Brazilian company where I did work for 2 years, one of them in a managerial position before coming to the U.S in 2009) could apply to change my status from L1-B to L1-A at the same time as filing my GC application. The company is a giant in Brazil with 600 employees but we are still starting the operations in the U.S and I'm the only employee here.

Smaller companies can have a tough time getting an L-1A.

EB-1: 1 year in 3 years preceding the petition
I have been with the same company for 4 years as a manager (overall industry experience 11 years today). I joined the company in India, stayed there for 1.5 years, moved to US 2.5 years back. I read that "1 year employment outside the USA should be in the 3 years preceding the petition". All of my 12 months does not fall into the last 3 years. What are my chances of qualifying for EB-1?

There may be an exemption if you continued working with a related company ever since you came to USA.

EB-1 for a visual artist
I am a visual artist and have the master degree in art. I exhibited in several countries including US , Canada , Greece etc..33 Years old..Worked as an assistant professor in Germany duration 1 year. Can I apply for EB-1?

That by itself may not be enough. You need to have evidence of sustained national/international acclaim.

EB1 - stay requirements
Is there any rule that necessitates an EB1 Green Card holder to stay for a certain number of days in the USA every year? I travel frequently to various parts of the world for concerts or professional business. Will this impact on my Green Card status in anyway? I still file my taxes in the USA though.

All green card holders are required to make USA their permanent home. Otherwise, their green card can be taken away. Look into the option of reentry permit.

EB 1 approvals
I am Physician turned Business man in Pharmaceutical business feild with outstanding acheivements and almost 8 international and national awards in recognition of my contributions in the feild of business. I live outside of USA and got my EB1 approved in 21days time in Dec 09. I am looking forward to Consular process now. However, it is taking so long and I applied for I-824 now requesting USCIS to forward the copy of EB1 Approvals to NVC for consular processing. I would like to know how long it might take for me to obtain my Green Card and start living in the United States.

Typically, anywhere from 5-6 months to a year.

L1A to EB1 from outside USA
I have completed 6.5 yrs in L1A in managerial role. Now the same employer wants me to stay outside of USA for few months. 1)Can we apply EB1 while being outside USA? 2)Do we have to apply for L1 A extn for remaining 6 months of 7 yrs while applying for EB1? 3)Can a new employer sponsor L1A and apply for EB1 while entering the country?

EB1 can be applied while you are outside USA. A new employer can sponsor only after you have worked for them for one year outside USA.

Chances of L1A to EB1
What is the chance for a L1A visa holder of 7 years to qualify for a EB1 category. Catch here is the original company which provided the L1A visa will not apply for GC. If the person moves to another company on H1 Visa can the new company file for GC under EB1 based on the previous 7 years of L1A status .

No, sorry. The basis of an International Manager's or Executive's EB-1 filing is that you must have been employed abroad with a related company for one year. Since you will not be able to meet that criterion, I do not see how that type of EB-1 can be filed through a new company.

EB-1 Visa Processing for medical doctors
I am working towards filing under EB-1 green card, currently on H-1B. Is there a certain number of publications in peer reviewed journals, presentations at international meetings that would make the application more likely to go through than not?

Number of publications, impact factor of journals and number of citations - that is what they look at these days.

Outstanding researcher
I'm a researcher at a university and I will probably try to apply for EB1, Outstanding Researcher. I'm currently on an H-1 (since Oct. 2007). Are there certain stages in the process in which I won't be able to travel outside the US?

I cannot think of any stage at which you cannot travel. Good luck!

EB1 Extraordinary ability
I filed my EB1 and EB2 NIW together, EB1 was denied but EB2 NIW was approved. I refiled EB1. I am a physician at one of top university , with many publications, presentations and offers from top league universities. There are only 12 people in the whole US that do same thing as I do in my clinical speciality. However I do not have any awards. What are the chances that my second filing of EB1 may go through.

Impossible to answer, Doc. This is like diagnosing a patient without access to the patient or his records. Impossible for me to say. I do not know your case.

Considering EB-1 application (research)
I have been working as part of a research group in a bank over the last 4 years. I am a ranked research analyst on wall street and My work has been quoted in popular media, our research has been uploaded to government organisation webpages and have been referenced by government officials. I have also published 50+ articles over the last 2 yrs. The catch is that I may be moving from a research role to a trading role (my primary function will not be research). What do you think my changes are for EB-1 (b) and would this change totally eliminate me from applying?

There are two ways to approach this: Extraordinary ability alien (where the position need not be connected with research) and Outstanding Researcher, if you intend to go back to research upon approval of your green card.

If my company applies EB1
If my company applies EB1 this month (Aug, 09), and everything goes well, by when should I expect my green card? What are the disadvantages of applying under EB1?

Too many variables. IF the priority dates remain current AND IF USCIS follows its average processing times and IF you file I-140 premium processing concurrently with your I-485, you MAY get green card approval within one year. I see no disadvantage.

I was married 9 years ago, getting divorced - EB1
I was married 9 years ago and am now getting divorced. My wife’s green card was granted on the basis of my EB1 filing. To ensure that her GC remains valid, is there a period of time that we need to wait after the GC approval date before filing for divorce? If there’s no such requirement, is it okay to state that we separated over a year ago (prior to the GC approval) on the divorce papers?

First rule of all immigration filings is to state the truth. As to how they will view separation, I do not know if there is any specific law on this out there. My GUESS is, separation is NOT divorce. There can always be reconciliation. Hence, she should be permitted to keep her green card.

EB-1 derivative green card delayed
My company filed an EB1 in 2005 for me; my wife was part of the same filing. I received my Green Card in April 06 but my wife’s application is still pending. We contact the USCIS every 6 month and each time they send a standard letter telling us to check back in 6 months. Actually, one time the letter said check back in 3 months but the last letter went back to the normal 6 months. She went for fingerprinting in 2006 and 2007 but we have not received any requests since then. Is there anything that we can do?
L-1B applying for green card
My company applied to change my status from L1B to L1A at the same time as filing my GC application. It was approved and the GC only took about 5 months

True. Converting to EB1 through an executive or a managerial job is the way to go. That way you can go thorough EB1 rather than PERM based process that takes several years.

Is employment required for EB1 extraordinary ability applicants?
Does a person with EB1 Extraordinary Ability category I 140 approved , require employment letter during I-485 filing ?

The short answer is no, but it helps. An offer of employment helps to show that you will continue to work in your own field and that you can support yourself and your dependents (if any).

Investment based green cards
I want to know whether our federal bank (reserve bank of India) is allowing this US $500,000.00 for investment in U.S.A. Then I will ask some more questions like whether it is easiest way to get green card and whether our money is safe in investment (in the regional projects) and the total expenses upto green card release level (apart from us$500,000.00)

We practice US laws so I have no idea about RBI permissions. Safety of money is not guaranteed in any of the trusts that I know of. After all, this is an investment, not a fixed deposit or a CD in a bank. For businessmen with established businesses, L-1A and then EB1 is usually the better option.

Obtaining H-1 Extension beyond 6 years
My 6 year period of H1b visa expires in Dec 2010 and my labor application is still pending for approval. It was filed in February 2009. Am I eligible to apply for a visa extension , if so when should I apply for that? I assume I still have time.

H-1 extension beyond six years can be obtained under two circumstances:

First, indefinite H-1 extensions in one-year increments can be obtained, if the I-140 (or I-485) was filed and the green card process was started a year ago. The GC process is started for:

- Labor Certification based cases (including PERM) the date for the begining of the countdown is the date when the labor certification is officially received:
- for PRE PERM cases - by the local office (SWA); and

L-1B applying for green card
My company applied to change my status from L1B to L1A at the same time as filing my GC application. It was approved and the GC only took about 5 months

True. Converting to EB1 through an executive or a managerial job is the way to go. That way you can go thorough EB1 rather than PERM based process that takes several years.

Criteria for Outstanding Researcher/Professor Category

Preliminary requirement: The applicants must be able to document at least three years of experience in teaching and/or research in the specified academic field and that they are "recognized internationally."

Generally speaking, experience in teaching or research while working on an advanced degree will not satisfy the three year requirement.

Pointers for EB1/NIW filings

The following pointers have emerged from recent cases and comments from USCIS:

1. Make sure you document the citation records (to show how many hits the journal gets), impact factor and circulation figures of the journals in which your publications appear.

2. (This we already knew) Recommendations from people who know you personally carry less weight than from those who know you by reputation.

3. Emphasize/document the "international" nature of your accomplishments.

Filing EB1 while EB2 AOS is pending

I am thinking about applying for green card under EB-1A or EB-1B. Currently I have an approved I-140 (2005, EB2). I have a few questions:
Q.a) Is the EB1A or EB1-B I-140 premium processed?

Q.b) Do I need to submit another set of I-485 with the EB-1 application even though the EB-2 I-485 are pending with USCIS?

Q.c) Which option would be better for me - EB-1A or EB-1B? I am currently an associate professor at XXX University.
 

Basic Criteria for Extraordinary Ability

This morning, I was working on explaining to a client (whom I respect greatly), one of the foremost musicians from India, how EB1 (Extraordinary Ability) category applies to musicians and performers. As I was sending him the basic information on EB1 category, I thought I will share the general criteria with all of you. This information is for EA, generally and applies to all fields - not just music. See attached.

Effect of take over on L-1
I am a Manager of a resourcing company in India working for more than 2 years in the same company. Recently, a US company acquired us. Can the US company apply a L1A visa for me and subsequently a green card in EB1-C category?
Time of stay and definition of a manager/executive employee for L-1A and EB-1C
I'm currently on H1B Visa with I-140 Approved. My Employer is sending to Canadian branch to work for 2 years. I have 1 person reporting the work to me (Offshore India). I'm not designated as a Manager. Upon return to US branch after 2 years completion in Canada. Does my application qualify for EB-1C category?
Downgrading from EB-2 to EB-3
My wife and I are currently on EAD's since Feb 2012 when the dates became current for our priority date and we were able to apply for the I-485. She is the primary applicant and I am the dependent on her application. Since 2012 the EAD/AP card is being renewed every 2 years. With the EB3 category now going ahead of EB2 does it make sense for her to downgrade to EB3 - Apply for I-140 under EB3. I believe it takes 6 months for approval so we would essentially be doing this preemptively in anticipation of our date becoming current under EB3 in 6+ months.

Watch the Video on this FAQ: Downgrading from EB-2 to EB-3

Video Transcript

I see no problem applying for EB-3 and then using whichever one is faster when the time comes. More...

 

 

How Can I Downgrade from EB-2 to EB-3 and Consequences
I have I-140 approved in EB2, priority date is 2010. When date become current for EB3, I want to downgrade from EB2 to EB3 (I know I have to only refile I-140 and I-485 concurrent). What will happen if USCIS denied newly filed I-140 (EB3)? can I-485 also denied? If newly filed I-140 (EB3) denied, can I used my previously approved I-140 (EB2)?
Porting Priority Date from EB-2 to EB-1
My husband has an I-140 approved from Company A ( Priority Date April 2008 , EB2). He is now eligible for EB1 under Employer B ( He is currently on L1 A ). Can his priority date from EB2 be ported to EB1 ?
EB-1C for Functional Managers - Overseas Team Inclusion
I had few questions on EB1C filing; - I am here in the US from 2015. Prior to that I was working as an Manger for the same firm in India. - I was appointed as a Principal and then promoted as a Solution Manager last year. My role involves tasks during the entire duration of a given project and as part of the project I co-ordinate with the offshore teams assigned on the project for deliverable and to assign other tasks related to the project. 1. As part of EB1C filing is there a mandatory requirement that a manager should be having dedicated team members 2. If 1 is yes then can we consider the offshore team members assigned per project who would be supervised to the level of getting status of tasks, providing clarifications, training them etc. 3. Is there a minimum number of reports required in the US and while I was in India, and if those reports have left the organization is that Ok?
EB1-A
I'm on H1B visa for very long time working for Company A. I have founded a start-up company B while in H1B, and invested in it to launch 4 free Apps in the market. My spouse is having H4 EAD, and I hired her as Director to oversee the business, bank account etc. These Apps are very innovative and globally received lot of recognition. Now I have plenty of Media reports based on my Apps. I also wrote Innovative Articles that are accepted by Science and Engineering Journals about these inventions. I have 4+ qualifying criterias for EB1-A. So far I can confirm that I never made a $ out of these Apps or from my investment. Am I eligible for EB1-A, as I would like to make more more innovative and problem solving Apps, that would create jobs in the market.

EB-1A category requires a two-step analysis: quantitative and qualitative. In the quantitative analysis you must meet 3/10 requirements, or equipment. In the qualitative analysis, which is performed after that, your resume, in an overview, should look like that of a person who is one of the top people in your profession. 

Filing EB-1C, International Managers or Executives Green Card
I entered the US in 2014 on L1A, then changed employer mid-2015 on H1(previously held petition). In 2017 again changed employer in a role equivalent to International Manager. Can my current employer file my Green Card under EB1 category?
Current Immigration/Visa Options for Entrepreneurs
What are the requirements to get a visa and green card as an international entrepreneur? Is the start-up visa effective?
Extension of Investor Visas, Religious Visas, Conrad 30 for Physicians
We are being informed that EB-5 investments in regional centers are now possible until December. The date has been extended. 1) Is this true? 2) Given that a green card is available years after the initial investment, in the current volatile immigration climate, how safe is an EB-5 ?

True. The EB-5, the religious visa programs and Conrad 30 waives for foreign physicians have been extended until 8 December 2017 pursuant to H.R. 601 – Continuing Appropriations Act, 2018 and Supplemental Appropriations for Disaster Relief Requirements Act, 2017.

Can a Green Card be Started on F-1 Status?
I am currently on F1 in OPT status and working for Employer A, my Employer A filed for H1b this year. and I am currently waiting for my H1b approval Approval. Can my Employer start my green card process when I am in F1 status?
Filing green card through multiple categories or employers and/or family simultaneously
1. Can we file multiple green cards together? If yes what will be the side effect? 2. My company filed my green card in EB-2 category and I-140 is approved with priority date 2013. I want to give a try with EB1 category personally if I will try in EB-1 and let’s say it is not approved, then will it affect my EB-2 green card? 3. Should job description match in EB-1 and EB-2? 4. What may all possible issues occur?
F-1 Student Directly Filing for a Green Card
I am currently working as a research fellow on F-1 OPT and my employer is considering filing for EB-1. My question is, can the transition be done from F-1 OPT to EB-1 and in case my application does not go through can I come back to renew my F-1 status to continue a Ph.D. in the future?

There is nothing in law that stops an F-1 student from directly filing for a green card. But, exhibiting immigrant intent while on an F-1 visa can raise some issues that should be discussed and planned for with your lawyers.

EB-1C Green Card For International Manager Or Executive
I am with one of the Indian MNC and I am working as Program Manager for last 4 years (L1-A). I would like to apply EB-1 GC through a future employer. What is the timeline and chances to approve ?

EB-1C green card can be applied only through an employer that is a member of your the group of companies that you are currently working for on L-1A. To apply through an unrelated company, you will need to go through EB-2 or EB-3 categories.

EB-1A Directly from India and Green Card
I am from India and holding an Indian passport. I work for a IT company. I manage around 250 members. One of the agencies are tied up with another EB-1 and EB-2 processing agency in USA and informed me that they can help in processing EB1-A visa (Self Petition). My questions are: 1. Is there a category of Visa as EB1-A? 2. If so, is there a possibility for self - petition? i.e. without an employer? 3. If I file EB1-A, what is the waiting period? Approximate is adequate. 4. Once I get the EB1-A visa, can I self apply for Green card or should there be an employer assisting to file for Green card? 5. If I apply for Green card on an EB1 A, how long generally with it take?

1.  Yes.  See: http://www.immigration.com/greencard/eb1-green-card/eb-1-extraordinary-a...

2.  Yes, self petition is possible under EB-1A.

3.  Usually, it takes appx a year for the whole process.

4.  EB-1A IS a green card category.  Nothing else is needed.

5.  See 3 and 4.

The Proposed I-140 EAD Rule - FAQ's

Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation? 

Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.

Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.

Green card through a future job
I am currently on EB-3. I have a company (say Company A) which is willing to file for my GC in EB-2 under 'Future Employment'. Do I or the 'company A' need to be aware of something on this front?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/PreNUXXW9KU

Considerations for AC21 job portability
My I-485 (based on EB-1) is pending more than 180 days. If I decide to change jobs under AC 21 rule - (1) Does the new job description should be same as by definition of EB-1 or should it match my current job description based on which I applied for GC in EB-1B? (2) Do you advise to change using EAD or transferring H-1B? (3) Based on your experience, will you advise to change jobs under AC 21 or stay in the present job until GC is approved?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/GtOqgqgEG6I?t=242

FAQ Transcript

Changing Jobs During Green Card
I am still in the process of getting a green card. During this process I want to change my job from a present one to another one that is more challenging than the present one. Would this in any way affect getting the green card or is it advisable not to shift jobs now?

 

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?x-yt-cl=84359240&v=uaBshBiaCUg&x-yt-ts=1421782837&feature=player_detailpage#t=719


FAQ Transcript

EB-1C (Multinational Manager) Eligibility and Clarifications
I joined an IT company B abroad and worked for 1 year (Dec' 10 - Dec' 11). I came to US on H-1B (Dec' 11) and am still working with company A (it is the parent company of company B). In both cases I played the role of a manager. 1) Am I eligible for EB-1C (Multinational manager)? 2) In my case since I'm still with the parent company, does the 3 yrs start from the first time I came to US (Dec' 11) or will be from the current time (Oct' 14)? 3) Do software engineers (graduated in engineering) reporting to me qualify as professionals (EB-1C qualifying criteria for managerial role)? If not, what qualifies my role in the IT company as managerial and eligible for EB-1C? 4) What evidences are required from me / the employer to confirm my qualification for EB-1C and also makes it a strong case?

Looks like you should be eligible for EB-1C. In cases like yours, three years are not an issue, if I remember the rule correctly. You can apply. Engineers qualify as professionals. As to the last point about good evidence, let your lawyers worry about it. I cannot write a meaningful answer. 

Do I Qualify for EB-1
I got my Ph.D. (biochemistry and molecular biology) and I have 3+ years of post-doctoral experience. I have 4 publications (3 lead author) in human pathogenic research. Could you please comment on my eligibility for EB-1 or NIW.

My best GUESS is probably not. While NIW/EB-1 should not be a numbers game: how many publications, how many citations..., but it often ends up like that. Given that if you had one publication in a premier journal like Science, that would could count a lot more than 5 or 10 publications in a lower impact factor journal.

GC in L1-A Visa
I have 14 years of overall IT experience and performing Manager, Service delivery role for past 3 years. Planning to enter USA in L-1A visa. I have a team of 30 resources, working in Chennai, Shanghai and San Jose. They all report to me. My Questions: 1. How long I need to wait to initiate the GC process? 2. Do I have a choice of selecting the type - EB-1 vs EB-2? 3. I don't have bachelors or masters degree. Will that be a barrier for applying GC? 4. Should I apply ONLY through my employer or can I apply myself

1. You can apply for green card without any wait.
2.