Is there value in applying for L-1A if the beneficiary has 10 months of contiguous experience in the foreign entity?

I am here on H-1 but was working for the parent company for 10 months. Employer wants to change my status to L-1A to reflect the senior managerial role I would be playing in near future. Company sees me as a very important and key resource with senior employees reporting to me from parent and current office. There is a clause here (http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-15111/0-0-0-15152.html) "Even so, when the adjudicating officer is convinced that the evidence substantiates the work experience for an L-1 nonimmigrant, the petition may be approved". My Question is should I apply for L-1A with strong documentation from the company and take a chance ?. I did MS in computer science here in USA and have around 14 years of experience

Lombard, IL -

Attorney Answers (2)

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Immigration Attorney - Chicago, IL
Answered

I do not personally see a possibility to handling this issue via a cursory note on Avvo. Your employer and you must have an immigration attorney versed in employment visas.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
J Charles Ferrari

J Charles Ferrari

Immigration Attorney - Los Angeles, CA
Answered

1. Your employer is the one that needs to apply.
2. You and your employer must meet all the requirements, including being employed one year abroad for the company.

Your employer needs to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise them, and handle the case.

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

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