L1B to L1A

[cooltoo8190]

Hi,

I am currently in USA having L1-B visa and I-94 valid till 31st December 2011. I would be completing 3 yrs in USA on L1-B this December. Have traveled to India for 2 months in last 2.8 yrs. I have never filed for any extension and this is my original L1-B. My company is looking to file my L1-A visa instead of L1-B extension.

The L1-B visa is being owned by subsidiary in India but L1-A visa would be owned by subsidiary in United States. The parent company is same for both companies.

1. Can L1-A visa Change of Status be processed from United States and i need not leave country for stamping with respect to my case?

2. Do we have option of premium processing for

filing L1-B to L1- A? How quickly visa get approved with and without premium processing.

3. My visa is getting expired in December and I found this clause on your site .

"A person is allowed to file for a change of status from L1B to L1A from within the U.S., but it requires that one establish that s/he had worked as a senior executive or manager abroad for one year prior to entering the U.S. and demonstrate that s/he will continue to work as a senior executive or manager in the U.S., too. Also, the change of status from L1B to L1A has to be filed at least 6 months prior to the end of the 5 years on L1B status. All other criteria for an L1A approval need to be met for the approval of the COS from L1B to L1A from within the U.S., including showing maintenance of L1B status, etc. "

Is this applicable for me? I would be completing 3 yrs but L1-B expires in December, so is 6 months pre-requisite applicable for me also since i don't have valid L1-B extension?

4. If we process L1-A COS from United States and we don't get visa transferred due to RFE or some other issues till December 31st, can I stay in United states post December?

5. My spouse is on L-2 expiring on December 31st 2011. If company files my COS from United States and we don't get visa transferred till December 31st, can my spouse stay in United states post December?

Please help. Your response is greatly appreciated.

[Attorney_23]

Ordinarily, a person in L-1B status may remain in the U.S. to process a petition to change to L-1A. Premium processing may be used for this type of petition. The clause you cited would not apply to the scenario you describe, assuming you were not in H1B status immediately preceding your time in L-1B status.

If a company timely files a petition to change a beneficiary's status from L-1B to L-1A (and files for an extension of status for his/her spouse) that person would ordinarily remain in a period of authorized stay after their I-94 has expired while the petition is pending.