L1A & L1B Petitions and Requirements

[Attorney_22]

This week, the Murthy Law Firm attorneys will answer questions relating to L1A & L1B petitions and requirements.  

 

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[subhajit4u]

I have been on L1B for 4+ years. Company is now filing mine COS to L1A.

1. Does the COS need to be approved before I complete 4.5 years so that I can stay for 7 years or applying before 4.5 years will do.

2. If I need to get COS approved before 4.5 years can we file it as premium processing?

3. Is it legally ok if an individual can pay for the premium processing fees or does it need to be paid by the company?

[Attorney_22]

The regulation states an individual must be in the managerial position for six months to be eligible for the extension of status. A timely filing of the L1A COS with extension petition allows the petition to be approved even in premium processing. However, if it is within six months to the current L1B expiration the individual is ineligible for the benefit. Alternatively, consular processing may be available. Due to the complexity of the issues involved, it is advisable to speak directly with an experienced attorney at the Murthy Law Firm.  

[Attorney_22]

The following article discusses recent USCIS guidance on L1B policy:   http://www.murthy.com/2015/04/29/overview-of-l1b-policy-memo/