I have been in L1A status for a few years, and my employer is about to start an EB2 PERM case for me. I did not work as a manager in India, so I do not qualify for EB1(c). Do I have to move to H1B to proceed with the EB2 case?

Answer

There is no conflict between being in L1A status and having a PERM case filed on one’s behalf.

Note, however, that the maximum amount of time a person may remain in L1A status is seven years. Unlike the H1B category, which allows a person to extend beyond the standard 6-year limit based on a pending green card case, there normally is no way to extend L1A status beyond the 7-year limit. (14.Jun.2023)

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