rajvansh Posted August 21, 2023 Report Share Posted August 21, 2023 I'm currently outside USA, I have a H1B Approved and valid Visa for next 3 years. Meanfile my position changed and now I'm working as manager. I didn't travel to USA for more than an year in H1B Visa though I have Valid H1B ViSA. Now Can I Apply for new LiA Petition and L1A Visa, when holding a Valid H1B Petition and H1B ViSA? Quote Link to comment
Attorney_6 Posted August 23, 2023 Report Share Posted August 23, 2023 One of the requirements for an L1 visa is that an individual is employed abroad with a qualifying company for at least one full year in a managerial capacity in the last 3 years preceding their entry to the U.S. in non-immigrant status. Having a valid H1B visa does not prevent one from filing for an L1 visa if all requirements are met, however time spent in H1B status in the U.S. counts towards time available to be spent in L1 status. I recommend you schedule a consult with one of our experienced L1 attorneys in order to discuss your situation in detail so you understand your options for moving forward. Quote Link to comment
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