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Attorney_23

L1A/L1B Intracompany Transferees

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This week, Murthy Law Firm attorneys will answer questions regarding the L-1 intracompany transferee nonimmigrant visa category.

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

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I am on L1A - completing 7 years by may 2020. My PD India is July 2018. If PD do not become current by May 2020 then what options will I have ?

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Hello Moderator -

Is it mandatory to have direct reports (if yes - how many) during L1A transfer in another country for a MNC?. 

Should the title be Director and above to move back to US and obtain PERM approval.thank you.

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Hello,

Below is my query related to L1A, intracompany transferee, Would really appreciate any response in this regard.

Basically I had applied for H4 extension and EAD piggy backing on my husband’s H1 extension that his employer had applied thru premium processing(he also has an approved I-140). Unfortunately his H1B extension got into an RFE and is taking a while for them to draft the RFE response. Meanwhile, my Employer is filing my L1A individual visa in premium parallely.

My query is if parallely both get approved, do I get to chose which visa I would like to retain, or it goes by USCIS’ Last Action Notice?

Thanks!

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Hello,

Am currently working on H4 EAD in the US and my employer has initiated my L1A processing.
Can you advise if I can go to Canada visa consulate for my stamping? Does Canada take first time L1A stamping or conversion stamping? I also read that it might allow for stamping if the applicant has studied or worked in the US. Can you please share concise details like how many years of work experience in US, etc

 

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Hi Murthy Firm,

I have a question, My Wife is currently on H4 EAD and working in US. My wife company has filed for H1 and still have not got the approval.

Now my company is filing for my H1 Extension. I am planning to file my wife H4 and EAD along with my H1 Extension.

Now if my wife gets her own H1 Approval first and later on she gets H4 EAD Approval through my H1 and I-140, then which Petition will be valid for my wife?  Will my wife H1 would be still valid if she has got H4 EAD also approved after her H1 Approval?  

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On 8/22/2019 at 9:39 PM, karan_mm said:

I am on L1A - completing 7 years by may 2020. My PD India is July 2018. If PD do not become current by May 2020 then what options will I have ?

You likely would need to either depart the U.S. or change to a different nonimmigrant status (e.g., H1B). 

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On 8/22/2019 at 10:40 PM, Cmd said:

How much time will it take to get greencard for L1 visa holder after applying i140 in march 2019

It is very difficult to say. Once we get updated predictions, we will post the details on MurthyDotCom.

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On 8/23/2019 at 9:15 AM, austinvisatx said:

Hello Moderator -

Is it mandatory to have direct reports (if yes - how many) during L1A transfer in another country for a MNC?. 

Should the title be Director and above to move back to US and obtain PERM approval.thank you.

No, there is no requirement that one have any reports. But, with the exception of functional managers, it can be very challenging to argue that a person is acting as a manager or executive without anyone reporting to them. (This is not to say it is impossible - there are situations where this may work. But, in most cases, the USCIS would expect to see a fair number of people reporting to the L1A worker.

There are no set requirements for job title.

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On 8/23/2019 at 6:20 PM, SueTechie said:

Hello,

Below is my query related to L1A, intracompany transferee, Would really appreciate any response in this regard.

Basically I had applied for H4 extension and EAD piggy backing on my husband’s H1 extension that his employer had applied thru premium processing(he also has an approved I-140). Unfortunately his H1B extension got into an RFE and is taking a while for them to draft the RFE response. Meanwhile, my Employer is filing my L1A individual visa in premium parallely.

My query is if parallely both get approved, do I get to chose which visa I would like to retain, or it goes by USCIS’ Last Action Notice?

Thanks!

One does not get to choose which status controls.

If the extension is approved and then the change of status, the change of status would generally control.

If the change of status is approved, and then the extension, things can get a bit tricky. There is a good argument that a person cannot extend status if they are not currently in that status. So, it seems reasonable to conclude that the change of status still holds. But, it is hard to say what is in the USCIS system in that situation, which could create hurdles down the road. Ideally, one can withdraw the pending extension of status request as soon as the change of status is approved. If that is not done, it may be beneficial to consult with an attorney to determine how to proceed.

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16 hours ago, Amar Swain said:

L1 A individual denied in premium mode. Reason yet to know. How soon can re-apply

There is no statutory limitation regarding when you can file a new L1A petition after a prior denial. 

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I am currently in H1B and planning to move to L1A for applying GC in Eb1 category.

I am in L1B and H1B since 5.5 years (together) and currently in EB2 GC.

I got promoted to Managerial position 3 months back and so I would like to convert my H1 B to L1A and file GC in EB1 category. 

I worked in India for the same company prior to my 5.5 years US experience.

Please let me know if this is valid and if I meet the criteria to file L1A and then EB1.

Thanks in advance,

Sam

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On 10/11/2019 at 9:22 PM, Sam_0210 said:

 

I am currently in H1B and planning to move to L1A for applying GC in Eb1 category.

I am in L1B and H1B since 5.5 years (together) and currently in EB2 GC.

I got promoted to Managerial position 3 months back and so I would like to convert my H1 B to L1A and file GC in EB1 category. 

I worked in India for the same company prior to my 5.5 years US experience.

Please let me know if this is valid and if I meet the criteria to file L1A and then EB1.

Thanks in advance,

Sam

One of the requirements of the EB1C category, is that you worked abroad for the same/affiliate/subsidiary company in a managerial or executive capacity prior to coming to the U.S. Accordingly, it is advisable to speak to a U.S. immigration attorney familiar with L1As and EB1Cs prior to making any decisions regarding these changes.   

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