QUESTION

Is it a good practice to submit L1A extension (normal processing) and subsequently file GC under EB-1C within a week or two?

Asked on Jul 23rd, 2015 on Immigration - Massachusetts
More details to this question:
Hello, I am on a L1A visa and have previously got my visa extended in USA. This is my final extension. My company is about to file my L1A extension under normal processing. Soon after (within a week or two) they plan to file my GC under EB-1C category. My I-94 is valid till 7/31/2015. I am thus eager to know, if above is the right strategy? Should I file my L1A extension using premium processing? OR should I wait till my L1A extension gets approved and then file my GC. I just want to make sure that my intent and actions are within the boundaries of good practice. Thanks.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
There is nothing wrong with the way that your company intends to process your case. The L-1 visa is one that is dual intent – that is, a beneficiary can have both the intent to immigrate and the intent to stay in the U. S. on nonimmigrant visa only. The order of whether to file the EB-1C petition at this time or later should not matter. The adjudication of the EB-1C category case will usually take longer than the processing of an L-1 extension anyway. Generally speaking, trouble with the EB-1C I-140 petition does not have much impact upon an L-1 extension in our experience. However, if you are concerned, you can ask your company to file the L-1 extension through premium processing and wait until it is approved before filing the EB-1C case. . Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Aug 22nd, 2015 at 10:50 AM

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