L1B to L1A Change of Status Interview Location

[Haribhimineni]

Which option is better to get L1A COS approval at US Consulate Canada OR in Home Country (India)? Currently I'm in USA and I have valid L1B till end of 2024

[Attorney_23]

First off, I am assuming you will be applying via an L-1 blanket (as opposed to getting the petition approved by USCIS, and then just applying for the visa at a consulate.)

Ultimately, applying in Canada or India isn't necessarily better or worse. 

Still, one thing that may be worth considering is, if the employer regularly sends employees to the consulates in India and/or Canada to apply under the blanket, what is its success rate at those consulates? If it's a high success rate, that presumably means they have a relatively favorable reputation at those consulates. 

[Haribhimineni]

The employer recommends to apply via L1A Individual where we send the petition to USCIS for approval. I was told that for L1B to L1A conversions, the employer recommends to go via L1A individual instead of L1A Blanket. So in this case, does it more viable and safe option to go via L1A Individual instead of L1A Blanket?

[Attorney_23]

Again, one option is not necessarily better than the other. If it were a strong case, I would typically feel comfortable filing at either the consulate or with USCIS. If the case is marginal, you theoretically have a higher chance of success with USCIS, as the legal standard at the consulate is higher. But, it is also possible to apply at the consulate and then, if the case is denied, to then reapply with USCIS.