Sign in to follow this  
Followers 0
ganab

H1B to L1A

11 posts in this topic

HI,

I traveled to US on Apr 2012 and returned to India on July 16th 2016 on H1B Visa. I have not utilized the 6 years completely. Now , due to business need, my employer applying L1A blanket for me in India and I am planning to travel in Aug 2017.  I am aware that I need to complete 365 days in India in order to be eligible for fresh L1A  with 7 years term. I am nearing 10th month completion and yet to complete 12 months . My PAI is yet to be scheduled. Here are my questions

  • If PAI is scheduled after July 16 2017, then will I be eligible for 7 years ? I want to know when the 365 days ends ?     [OR]
  • Let PAI can be before July 16th 2017, as my travel will be after July 16 2017, will I still be eligible to get 7 years in L1A ?
  • In case, my employer schedules PAI before July 16 2017, then how much remaining months will I get in L1A. ( only the remaining 1.8 years of my previous H1B )

PLease clarify & advise when to schedule for PAI in order to get 7 years term.

Share this post


Link to post

The L1 application can only be FILED after you have worked for the employer abroad for a year. Filing before that date would result in a denial.

Share this post


Link to post

Thanks Joef for your reply.  PLease note that I hav been working with this employer for the past 5 years before I traveled to US on H1B.  Now , can you please revisit my questions and clarify reg PAI dates ..

Share this post


Link to post

For an L1, you have to have worked for the employer abroad for at least a year in the last 3 years.

You said you came to the US in 2012. Since that is more than 3 years back, any time you worked with the employer before 2012 is irrelevant for the L1.

 

Share this post


Link to post

ok. Got it .So, .If I get my PAI scheduled after July 16 2017, ( by then, I would have completed 1 year ),  then I hope I will be good and eligible for a full 7 yr term. Only the PAI date matters right ?

Share this post


Link to post

Hi Joef... can you please clarify my query? Appreciate your support.

Share this post


Link to post

As I said before, the petition can only be filed once you have been abroad for a year. The interview would come later, once the petition is approved.

Share this post


Link to post

Thx joef....in my case, it will be l1a blanket....so the petition is already approved right....now, only the PAI date matters right....is my understanding correct?

Share this post


Link to post

Yeah, I overlooked that this is a blanket petition. Your interview needs to be past the 1-year mark.

Share this post


Link to post

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now
Sign in to follow this  
Followers 0