Q: Does a prior petition for (and perhaps approval of) I-140 hurt a later L-1 application?
I am Indian citizen working in the US and in a situation where my H-1B maxes out (6 yrs) in a month and my PERM ETA 9089 (within category EB2, with a huge backlog for green cards) is being sent out now. My company is multi-national, and they are offering to promote me to a managerial position in India and then later transfer me to US on L-1A. This would make me eligible to file for I-140 in EB1 category (with a much smaller backlog), but I am wondering if having already applied for I-140 would hurt my chances of getting an L-1 approved later, just because one is immigrant and the other non-immigrant.
A: Not necessarily. You will have to show that you intend to return to India at the end of temporary travel to and stay in the US, and the fact that you applied for an immigrant visa in the past might make that more difficult (your intentions will be questioned), but the one doesn’t cancel the other on its face.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
