L1 B To L1A

[venkpat]

I am completing 5 years in L1B by Jan-2012 and my company is working on extending me with L1A , the roles & responsblities suits for L1A (but i got the L1B extended for same role in 2009)

My operations told me that they will applying for extension to L1A but i heard from my friends that L1B to L1A COS needs to applied and approved 6 months before completion of 5 th year in L1B. I am not clear about COS ,L1B to L1A conversion & L1B to L1A extensions ,

I just got less than 50 days left for my I94 expiry & never aware of the 6 months COS update rule.Anyone knows please let me know if i can apply for L1B to L1A .

I greatly appreciate everyone response !!!

[my2239]

Although you have only 50 days left, you can still try a L1A petition

However using Premium processing may really help you

Even i fyou dont use premium processing, the worst that can happen is that the fate of your L1 A petition is not known within these 50 days

In such a case, you can exit USA (with some risk that the USCIS may cancel your L1A petition as you moved while it was pending)

If USCIS cancels your L1 A petition, you can again apply fresh clearly stating you are outside US

If the USCIS does not cancel your L1A petition, then there is no problem, and using the approval, you can apply for a visa stamp outside USA

Please note that your New L1A petition will only extend your stay by 2 years as you have already consumed 5 years in L1B

[Attorney_23]

Per 8 C.F.R. §214.2(l)(15)(ii), "When an alien was initially admitted to the United States in a specialized knowledge capacity and is later promoted to a managerial or executive position, he or she must have been employed in the managerial or executive position for at least six months to be eligible for the total period of stay of seven years. The change to managerial or executive capacity must have been approved by the Service in an amended, new, or extended petition at the time that the change occurred."

There are some caveats within these rules. I recommend you consult with an experienced immigration attorney to determine how best to proceed.

[venkpat]

Thank you both !!!

Where is the six month rule for L1B to L1 A , i could not find any where but the following says about L1A within six months.

(B) After receipt of Form I–797 and Form I–129S, a qualified employee who is being transferred to the United States may use these documents to apply for visa issuance with the consular

officer within six months of the date on Form I–129S.

[venkpat]

Found in internet , quite confusing ..

Changing categories.

1. L-1B to L-1A
   The first change of category to extend beyond the specified time limit is the change from L-1B (five year limit) to L-1A (seven year limit). Many aliens who are L-1B status may possibly qualify for L-1A status; e.g., as a functional manager or a project manager. Also, many aliens in L-1B status may be promoted during their time in L-1B status to a managerial level position. In either of these scenarios, the extension application can be filed to gain two additional years; and it can be filed until the last day of the initial five-year period.
   The relevant regulation is 8 C.F.R. '214.2(l)(15)(ii). A review of this regulation removes the misconception that the extension application must be filed at least six months prior to the expiration of the 5 th year of L-1B status. First of all, the six month rule in the regulation is not applicable at all if the alien was not promoted; i.e., if the alien qualified all along as a managerial level employee. In the event that the alien qualifies based upon a promotion, only the promotion must occur at least six months before the expiration of L-1B status. The filing does not have to be completed six months before. Furthermore, the regulation only applies to extensions and does not apply at all if the petition does not request an extension and the alien will be applying for an L-1A visa at a U.S. Consulate.
   

[Purnendra]

Hi Pat ,

I am also in same situation.

what was the outcome of your case was this 6month is valid issue ?