L1A questions

[anbt]

Hi,

 

I am L1B and I am completing my 4 years on that. My i-94 is valid till Sep 2015 and my current L1b visa is valid till June 2014. Is it possible to go for L1B to L1A ? Any risk involved?

 

Appreciate your help.

 

[jairichi]

Hi,

 

I am L1B and I am completing my 4 years on that. My i-94 is valid till Sep 2015 and my current L1b visa is valid till June 2014. Is it possible to go for L1B to L1A ? Any risk involved?

 

Appreciate your help.

No risk as long as you qualify for a L1A.

[t75]

It is not your decision. Your employer needs to address the specific situation with his attorney.

 

There is always a risk of denial for any visa petition.

[anbt]

Thanks much.

 

I have few more questions. another employer has applied H1b and selected in the lottery and it is in processing. what if my current company process L1B to L1A at the same time?. What is the chance of getting RFE? 

 

If both are approved , will H1B goes to counselor processing? 

[jairichi]

Thanks much.

 

I have few more questions. another employer has applied H1b and selected in the lottery and it is in processing. what if my current company process L1B to L1A at the same time?. What is the chance of getting RFE? 

 

If both are approved , will H1B goes to counselor processing? 

Chances of RFE are based on documents submitted and not because of L1A and H1B petitions filed simultaneously.

If filed as COS I believe it will be approved as COS and not consular processing.

[Attorney_23]

Something to keep in mind as far as the timing of this type of request:

 

Per 8 C.F.R. §214.2(l)(15)(ii), "When an alien was initially admitted to the United States in a specialized knowledge capacity and is later promoted to a managerial or executive position, he or she must have been employed in the managerial or executive position for at least six months to be eligible for the total period of stay of seven years. The change to managerial or executive capacity must have been approved by the Service in an amended, new, or extended petition at the time that the change occurred."

[anbt]

Thank you so much.

 

can you please explain this -

 

"The change to managerial or executive capacity must have been approved by the Service in an amended, new, or extended petition at the time that the change occurred"

 

1-> does it means I should have an amended L1B petition for managerial role for 6 months and then only eligible for L1A? I have been in manager role for last 1 year.

 

Please clarify.

 

2-> since both H1b and L1A will be applied as COS , does that mean which ever is approved last will be the status?

[Attorney_23]

In order to be eligible for 7 years, the change from L1B to L1A must be approved by the USCIS before hitting the 4 1/2 year mark in L1B status.