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I live in Canada and I have a L1 visa valid till Oct 2019. I…

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Hi, I live in Canada...
Hi, I live in Canada and I have a L1 visa valid till Oct 2019. I was let go by my employer in Canada that sponsored my L1 visa on Jun 21, 2017.
I just received a call from Houston office and they would like to hire me back for similar manager role in the US office. Since I did not work for any employer in the last 3 months, can I use my L1A visa and work for the same company? Also, would I be able to process my green card from L1A to EB1c if my employer files I-140?
At this time I am not sure if I will get the same employee number, so it could be treated as transfer or new hire at Houston. If I have an opportunity to negotiate should I request for the same employee number?
Submitted: 8 months ago.Category: Immigration Law
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Answered in 50 minutes by:
9/22/2017
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 months ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,457
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 months ago

Sorry for the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

If the new employer is an affiliate, subsidiary, parent, branch or similarly connected company to the company that you worked for outside of the U.S. before you got L-1, then yes, you can work for the new company but they will need to file a new petition for you. Since it has been longer than 180 days since you were terminated, however, you will need to get a new L-1 visa upon approval to come back to the U.S. And yes, they can file an EB-1C for you a long as you meet all other requirements since what they look for is 1 year of work out of the last 3 years of work for the outside company before you were admitted into the U.S. in L status.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 8 months ago
Hi Guillermo, I don't believe your response answered my question. In order to provide and back ground.I was contacted by the same XYZ company that terminated me. The reason I got an L1 visa before I was terminated is to support my team in Canada and United States. . The XYZ employer has 5000 employees in US and 5000 employees in Canada. The only difference is now, I will re-locating to US as originally planned with the same XYZ company that sponsored my L1 visa.
Do I still need a new L1 visa because it is with the same XYZ employer or could it be treated as a transfer?Let me know if you need additional information.
Customer reply replied 8 months ago
Also, for the EB1c....I have been with the same XYZ employer for 8 and half years outside United States. So I don't have a problem to prove that I have been employed with them for more than one year.
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Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
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