Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...
sreenivas_sri

L1B to L1A conversion petition approved for just 2 months!!!

Recommended Posts

I had a short lived happiness of my L1A petition approval. Today I received my approved petition and was shocked to see the approval for just 2 months.
Did it ever happen to anyone in the past? 
Background - I was about to complete 5 years on L1B Visa this december'2013. My company has filed my visa conversion from L1B to L1A this may (6 months prior to the completion of 5 years). My petition went in to RFE and finally got approved in the last week of September. I felt happy and assumed that my new petition will have validity for next 2 years, till my 7 year completion date. But surprisingly, my happiness short lived, my petition approval end date is my 5 year completion date ie this December 2013.
Effectively I got the approval for only 2 months. I am really not sure about the reason/logic behind this.

Can anyone suggest me the options available in front of me to stay beyond by 5 years?
Please help!

Share this post


Link to post

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.

Share this post


Link to post

Can anyone please reply with valid answer for sreenivas_sri's question? I am exactly in the same situation where the L1a validity is till the L1B Maxout (i.e. 5 years). Is this a common occurance for L1A visa conversions and will i be able to apply for extension based on the L1A approval received?

 

Please provide yuor inputs.

Share this post


Link to post

Can anyone please reply with valid answer for sreenivas_sri's question? I am exactly in the same situation where the L1a validity is till the L1B Maxout (i.e. 5 years). Is this a common occurance for L1A visa conversions and will i be able to apply for extension based on the L1A approval received?

 

Please provide yuor inputs.

 

Please see my response above.

Share this post


Link to post

Attorney_23,

 

I understand from your point that the alien must be employed in the managerial capacity for atleast six months and i believe i pass this qualification.

But are you saying that "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"

What does this mean? We should have filed a petition when i was promoted/ started doing the managerial role?

Sorry. I still dont get the point for why the L1A petition was approved only for 5 years.

 

Will i be able to apply for extension for L1A based on current approval? What is your take on this?

Share this post


Link to post

An L1B worker cannot arbitrarily move to a new position with substantially different job duties without first obtaining approval from the USCIS. So, if an L1B worker is going to be promoted from a specialized knowledge position to a managerial position, the employer would first have to file a petition with the USCIS requesting this. If this request was not approved at least 6 months prior to reaching the 5-year limit, the worker would not be eligible to extend beyond 5 years.

Share this post


Link to post

I have a similar case and need some guidance. My L1 B visa expires in July 2018. I am being promoted as a Project Manager in Oct 2017. Couple of questions here:

1. Can I apply for L1 A now after being promoted.

2.Do i need any direct reportees under me to do so.

3.I do not have any managerial experience outside USA so would that cause an issue?

 

Any help with these questions would be appreciated. 

Share this post


Link to post

To change status from L1b to L1a, the employee has to first do this :

On 10/14/2013 at 4:22 PM, Attorney_23 said:

An L1B worker cannot arbitrarily move to a new position with substantially different job duties without first obtaining approval from the USCIS. So, if an L1B worker is going to be promoted from a specialized knowledge position to a managerial position, the employer would first have to file a petition with the USCIS requesting this. If this request was not approved at least 6 months prior to reaching the 5-year limit, the worker would not be eligible to extend beyond 5 years.

And then, once USCIS has approved the change of duties from technical knowledge to managerial duties, the candidate is eligible for L1a? Could someone please help here?

Share this post


Link to post

A person can generally qualify for L1A status based on having worked abroad in a specialized knowledge role or in a managerial/executive role for 1 year out of the last 3 years before entering the United States. 

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
×