L1A/L1B INTRACOMPANY TRANSFEREES

[Attorney_22]

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.
 

[NRC]

Im currently in USA on L1A visa working as a Manager.  Is having a team, a mandatory requirement to be eligible for EB1c green card processing by the employer? If yes, what is the minimum number of team members that should be directly reporting? 

[KASVRAN]

Hi, I have a pending I-140 expected to be completed bu July 2020. I cannot file my 485 till the priority date gets current. If my L1A times out and I have an approved I-140 do I get an approval to continue to work indefinitely like H1-B visa holders get or do I have to leave USA?

[Subba2020]

1. If an employee is working in US and want to reenter US on L1A, how long does one need to work outside US (for same employer under foreign entity) to come back to US on L1A?

2. If the employee is visiting US on B1 while working for same employer under foreign entity, will that stay in US on B1 be counted as work experience outside US?

3. How soon can employer file EB1C petition when employee comes to US on L1A?

[Attorney_22]

On 2/13/2020 at 11:16 PM, NRC said:

Im currently in USA on L1A visa working as a Manager.  Is having a team, a mandatory requirement to be eligible for EB1c green card processing by the employer? If yes, what is the minimum number of team members that should be directly reporting? 

No, having a direct reporting team is not a requirement. However, working as an L1A in the U.S. is also not a requirement. You must have been working abroad in a managerial or executive capacity, and it is possible to be managing a function instead of people and still qualify for the category. I recommend speaking with one of our attorneys to discuss the options available to you.  

[Attorney_22]

On 2/14/2020 at 8:41 PM, KASVRAN said:

Hi, I have a pending I-140 expected to be completed bu July 2020. I cannot file my 485 till the priority date gets current. If my L1A times out and I have an approved I-140 do I get an approval to continue to work indefinitely like H1-B visa holders get or do I have to leave USA?

No, unfortunately, that provision does not apply to the L category. 

[Attorney_22]

On 2/15/2020 at 1:35 PM, Subba2020 said:

1. If an employee is working in US and want to reenter US on L1A, how long does one need to work outside US (for same employer under foreign entity) to come back to US on L1A?

2. If the employee is visiting US on B1 while working for same employer under foreign entity, will that stay in US on B1 be counted as work experience outside US?

3. How soon can employer file EB1C petition when employee comes to US on L1A?

An individual needs to be working abroad for one full year, and the green card case can be started right away. However, to discuss the specifics and the options available to you, it is best to speak with one of our attorneys. 

[SLL]

I am on an H1B permit, with an approved I140 under the and EB1C petition and I485 is pending for >6 mths. Can I change employers?

[PDP2420]

I am currently on L1B in USA(Started Apr 2018) and will be here for next 6 months. Also I have done some short travels on L1B about 6 times & 5 weeks on each trip before April 2008.  My company will file H1B next year. I want to understand, how the L1B 5 years are calculated? Is it last 5 years how many days I was here?

 

[Attorney_22]

On 2/18/2020 at 6:57 PM, SLL said:

I am on an H1B permit, with an approved I140 under the and EB1C petition and I485 is pending for >6 mths. Can I change employers?

AC21 may be available to you. However, you will want to ensure the you have work authorization and the position is substantially similar to the initial EB1C job description. 

[Attorney_22]

On 2/21/2020 at 1:04 PM, PDP2420 said:

I am currently on L1B in USA(Started Apr 2018) and will be here for next 6 months. Also I have done some short travels on L1B about 6 times & 5 weeks on each trip before April 2008.  My company will file H1B next year. I want to understand, how the L1B 5 years are calculated? Is it last 5 years how many days I was here?

 

You will count the days you were physically in the U.S. in L1B status. 

[NAGACHANDRA]

My husband is currently in USA on L1A visa working as a Manager with a direct team reporting to him since the last 1 year.

Regarding processing of EB1C Category Green card by employer, I have read in a couple of online articles that, 

"The employee must have worked in a management or executive level  role outside the US for atleast one year in the last 3 years?"

Is this true and if so can you elaborate?

Does it mean that,  the employee should apply for EB1 C Green card, within 2 years of working in USA on L1A(so that he meets the criteria of working outside USA in the same company for 1 year)?

Please clarify

[Sumit_Sharma]

Hello, 

I'm on an L1A with my petition end date being 09/19/2020. My Organization typically applies for an extension for both primary and dependent in the last month [ September in my case ] . My I-94 had a valid until date of 11/04/2022. My wife has an L2 EAD which too is expiring on 9/19. My organization wouldnt file for an EAD extension for my wife. I assume that I cannot file for an EAD renewal until I've received an approved L1 and L2 extension. I have an approved I-140. I wanted to know if this can help me file for an EAD extension for my wife. Currently EAD extension take 3-6 months to come thru and if my wife's EAD is filed after we get our Visa extensions she would end up loosing her current job. 

Also, is there a provision of me filing an EAD extension without an approved L1 and L2 Visa and later do a SR [ Service Request ] to substantiate approval of Visa. 

Please kindly help with my query.