Does L1B to L1A conversion requires 6 months of visa validitiy

[L1A to H1B]

Hi All,

I am going to complete 5 years of stay with L1B by May 2012. I was thinking of applying for L1A, but I heard that, there should be minimum of 6 months of visa validity to apply for L1A.

Or in other terms should one apply the conversion from L1B to L1A before 4 years and 6 months of stay in US in same L1B visa ?

Please advise at the earliest.

[Attorney_23]

When an alien was initially admitted to the United States in a specialized knowledge capacity and is later promoted t o 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.

In other words, ordinarily, the validity of the L-1 visa does not matter. What matters is the person's status, which is generally indicated by the I-94 card.

[L1A to H1B]

Thank you very much for the reply. I am actually performing the manager roles by past 1.5 years in L1B. That is I have nearly 1.5 years of experience as a manager.

And as I specified, my L1B visa/I-94 is going to complete 5 years by May 2012.

So do you think I am eligible to apply for an L1A even if the remaining period of stay is less than 6 months ?

Please advise

[Attorney_23]

Again, 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.

As for your particular situation, I would need to review your documents and work history to make a proper assessment. Please schedule an consulate with an experienced attorney who can review your situation and advise you on how best to proceed.