L1B to L1A - Bunch of questions!


Rahul1234567

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Hi,

I travelled to the US in March 2013 first on L1B visa which is currently valid till Sept 2015. Last year in September, i got promoted to a managerial role. I am planning to apply for a change of status to L1A. I have the following questions.

1. What is the difference between an application under "Change of Status from L1B to L1A" and "Fresh L1A Application"?

2. If i apply for a change of status and it gets approved, will the validity of L1A be only till Sept 2015 (my current L1B date) or will it be a new date which will be decided by USCIS?

3. Should i be in a managerial role in the US for atleast 6 months before i can apply for an L1A?

4. One of the rules on USCIS website mentions that for L1A, one needs to be a manager for a continuous period of 1 year before entry into US. Is this rule not applicable for a Change of Status?

Thanks in advance!

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1. Both are filing of a fresh L1A petition. COS is done only when you are in US.

2. Based on petition filed by employer and USCIS discretion.

3. Tough question for me. I believe you should have been in managerial position for a year outside US with L1 filing organization. Don't trust me on this. I might be wrong.

4. Refer 3.

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Thank you Jairichi.

 

I have a follow up question based on your answer for Question 1 -  

 

My current L1B visa expires in Sept 2015 and my current I 94 also has that date and I am currently in the US. So, are you saying that because I am in the US currently I should be applying for a COS?

If filing for L1A then you have an option of filing as COS or as consular processing. If filed as COS and approved with I94 there is no need for visa stamping to move to L1A status. If filed as consular processing and approved then to move to L1A status you will need to exit and enter US with a valid L1A visa and I797.

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