L1A to GC

[fama2011]

Hi,

I am currently on L1 A for Company A. Company B is interested in Hiring me. Can they apply L1 A for me even though I am still not employed with them?

[Attorney_22]

The ability to hold L1A status requires strict adherence to its eligibility criteria. This criterion, among other things, requires the Beneficiary to have worked for the sponsoring employer (or affiliate organization) abroad for at least one year in the three years prior to coming to the U.S. Therefore, if you meet this criterion it may be possible to have employer B file a change of employer petition on your behalf, but it is still advisable to speak to a qualified U.S. immigration attorney prior to commencing this option. You can also find additional information on L1A status at the following site: http://www.murthy.com/l1_faq.html.

[chakrakr]

Essentially what Attorney 22 says is --- if you have worked for B (or its affiliate) for at least one year in the three years prior to coming to the U.S., B can possibly file an L1A for you.

[ersum_max]

My understanding is L1A (For executives and multinational comp managers) is exempt from 1 year prior employment criteria from prospect employer, only L1B requires at least one year in the three years employment prior to coming to the USA.

Please correct me if I am wrong and provide some link to the source.

Regards,

Max