Can you pls guide me as to what the facts are.
My husband works for an IT company in USA on a H1B visa , his post is of a Manager and his visa is till May 2019 however he is worried as many of his colleagues visa extension has been rejected recently. He is planning to take a voluntary transfer to India and work for a year and go back on an L1 visa so his green card can be processed soon. Apparently his company has such a provision that if he serves in India as a manager for 365 days he can come back to USA on an L1 visa on EB1 category.
How far is this true and is this guaranteed ? Can you pls throw some Detailed light on it.
Yes, this is true that working outside USA as Manager will quality your spouse for L1 Visa.
And L1 visa manager is eligible for EB1-C category of Green card.
But, it’s not as easy as it sounds.
Getting L1 approved itself is a big task and lot of questions need to be answered.
And then, if you get L1, proving that you are eligible for EB1-C is also pretty tough these days and lot of RFEs are raised to explain how the person is a manager and what kind of tram he manages, subordinates salaries, their qualifications and kind of projects he manages.
As per my personal opinion, it is better to go to UK and get permanent residency there.
L1 visa is very difficult to get these days and filing EB1 and getting approved is even more difficult.
I am seeing almost 60-70% rejection rate in L1 visa applications and even more RFEs and rejections in EB1 cases.
It is better to get one place’s residency if it is available easily at this time.
Rest is your choice. I am not sure about the difference between living in UK and USA though. I think for an Indian national, both may seem similar.