L-1 Intracompany Transferees

[Attorney_23]

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.

[camcam22]

13 hours ago, Attorney_23 said:

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.

Im aware that the use banned new L1B applications in the summer and its set to expire at the end of this year.

when will companies be permitted to apply for new L1B visas?

also, when do you foresee US consulates opening in Canada for L1B and L2 visa interviews? For someone attempting to transfer to the US from Canada in the summer or early Fall, do you think the consulate will be open in time for the necessary visa interviews?

[Venkatesh R]

On 12/24/2020 at 9:58 AM, Attorney_23 said:

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.

Hi Murthy law firm team,

What are options to continue our stay within US in L1A, if six year CAP limit is being reached by Oct 2021, as i am unable to extend my L1 beyond my expiry data of March 2022 or convert to H1. I have i-140 approval. Please advise. Can we initiate H1 / L1 to H1 conversion with approved I140 ? That way 6 year H cap limit is taken care of 

[Amit Deshmukh76]

I am on L1A category and recently my company sold the division I am working to other company. The acquisition is in process and expected to complete in next 3 to 4 months time. Can my current company transfer me to new company? What if I already filed for I485 and change of ownership happen after 180 days from date of filing, can I get transferred easily in that case?

[Attorney_23]

On 12/25/2020 at 2:23 AM, camcam22 said:

Im aware that the use banned new L1B applications in the summer and its set to expire at the end of this year.

when will companies be permitted to apply for new L1B visas?

also, when do you foresee US consulates opening in Canada for L1B and L2 visa interviews? For someone attempting to transfer to the US from Canada in the summer or early Fall, do you think the consulate will be open in time for the necessary visa interviews?

The L-1 ban only applied to consulates issuing visas; companies were never prevented from filing L-1 petitions.

No idea when the consulates will go back to normal. It depends on how quickly they can get the pandemic under control in each country. Now that the vaccination programs are underway in much of the world, there is a least cause for optimism. But, it still may take months before we see significant progress.

Note that Canadian citizens are visa exempt, so it is not necessarily required to wait for a visa appointment to apply. (However, if you are not a Canadian citizen, that does not help you.)

[Attorney_22]

On 12/28/2020 at 11:18 AM, Venkatesh R said:

Hi Murthy law firm team,

What are options to continue our stay within US in L1A, if six year CAP limit is being reached by Oct 2021, as i am unable to extend my L1 beyond my expiry data of March 2022 or convert to H1. I have i-140 approval. Please advise. Can we initiate H1 / L1 to H1 conversion with approved I140 ? That way 6 year H cap limit is taken care of 

The L1A category allows an individual to remain in the U.S. for up to seven years. However, to discuss your specific case options and strategies, it is best to call our office and speak to one of our attorneys. 

[camcam22]

I have one more question.

if I’m a Canadian citizen it sounds like I’m visa exempt for a new L1 petition from my company. In this case, do i still need to go to a consulate, or do I just show up at the airport customs counter?

also, if my spouse is not a Canadian citizen (but a Canadian PR holder) and requires a L2 visa a dependant to my L1, does he/she require consulate interview or is this L2 also visa exempt since my L1 is visa exempt?

Thank you

[amitnverma]

Hi,

Im on L1A & currently in US.My company decided to file my Green card under EB2 category.Since L1A is for Managerial position, wondering if I can mention Managerial skills/Methodology/Skills like Agile,Cloud service Delivery,Operation management etc in Tools and technology document for PERM or it has to be very specific tool?These are the skills I mentioned in my L1A extension last time.In case it has to be some Tools/Tech , will it adversely impact my next L1A extension?

Thanks in advance.

[Attorney_22]

21 hours ago, amitnverma said:

Hi,

Im on L1A & currently in US.My company decided to file my Green card under EB2 category.Since L1A is for Managerial position, wondering if I can mention Managerial skills/Methodology/Skills like Agile,Cloud service Delivery,Operation management etc in Tools and technology document for PERM or it has to be very specific tool?These are the skills I mentioned in my L1A extension last time.In case it has to be some Tools/Tech , will it adversely impact my next L1A extension?

Thanks in advance.

A PERM position can be filed for your current position, or a position you expect to be in when the green card is obtained, therefore you have some flexibility regarding the details you can use. However, to discuss the specifics of your personal situation, it is advisable to schedule a call with one of our attorneys. 

[Augy91]

Hello , I was on L-1B status from Feb 2019 until 14 Aug 2020 when my assignment ended. I filed I-539 COS on 4 Aug to J-2 (since my husband is on J-1) which we heard nothing about processing so far anf believe it may take months.

Now I was interviewed by my L-1B employer for a different position in a different location, can I use the same L-1B visa since I am inside the US already ? what is the process ? 

[Ravi A]

Hello, I came to US in 2016 under L1B visa and files i140 under EB3,  It was approved.  Recently, I moved to L1A (COS) while in US.  Can I port my EB3 to EB1(c).  I have managerial experience in India from 2015-16 and I am performing managerial duties in US on L1A. Please advise.