Asked in Immigration Law for Illinois

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.

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1 Lawyer Answer
Hector E. Quiroga
Hector E. Quiroga
  • Immigration Law Lawyer
  • Las Vegas, NV

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.

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