I am currently on L1B visa that is due for extension in June 2013. What are my options

Asked almost 2 years ago - Torrance, CA

Applied for L1B blanket through my company in June 2010. Entered the US in August 2010 and went back to India in September 2011. Came back to the US on 4th Sept 2012(stayed out for more than a year). L1B visa is due for extension on 7th June 2013. I-94 expires on 7th June 2013. Considering the rise of L1B extension rejections, I am planning to do the following.
1. I was a manager in India for the same company for last 3 years and here in the US I have taken up a project manager role since October. I am planning to file for L1A conversion.
a. do I need to file for L1A conversion before 07-Dec-2012 (6 months prior to L1B expiry) ?
b. can I apply for extension along with L1A conversion. If so when should my case be applied ?
c. does L1B get affected if L1A conversion is rejected ?

Attorney answers (3)

  1. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Options depend on facts. You really need to meet one on one with an experienced immigration attorney, whether myself or one of my colleagues, so that he/she can review all your documents and facts in order to determine what your options are.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  2. Adam Edward Rothwell

    Contributor Level 9

    2

    Lawyers agree

    Answered . I would recommend you discuss these questions with your company's attorney and/or other experienced immigration counsel before moving forward.
    That being said, you need to submit the L1A Petition before the expiration of the L1B, and there would usually be no 6 month prior requirement.
    On another note I would advise you against applying for both the L1A conversion and L1B extension concurrently. However, if you apply for the L1A and it gets denied but your L1B is not at that time yet expired, you should then be able to apply for an L1B extension. For these reasons your employer might give some consideration to submitting the L1A through premium processing to ensure a very timely answer.

  3. F. J. Capriotti III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I agree with my colleagues.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

30,733 answers this week

3,306 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

30,733 answers this week

3,306 attorneys answering