L1B to L1A conversion - L1B expired but I94 valid

Asked over 1 year ago - Buffalo, NY

Hello - This is my situation: 1. Came to US on Blanket L1B in Aug 2009 with valid visa till Jul 2012. 2. Went to India(40 days) once in Feb 2012 and got I94 validity till March 2015 3. Till now (April 2013) am in US based on valid I94 4. Promoted to Manager effective Jan 2013 5. 5 years will complete on L1B in Aug 2014 Questions: a. Am i eligible to change to L1A visa now? Can i file for L1A petition based on my managerial presence? b. Do i need to go back to India for a period of 1 year and then come back before i can apply for L1A? c. What will be the process to change to L1A? d. Any other important points to consider? Thanks

Attorney answers (3)

  1. Alexander Joseph Segal

    Contributor Level 20

    4

    Lawyers agree

    Answered . 1. yes if petitioned for, meet L1A eligibility requirements and the employer's petition is approved.
    2. You cannot file for L1A Only your employer can.
    3. No, you do not need to go to india. Your employer may seek change of status here in the USA. if approved, you will be able to enjoy two more years in L1A status.
    4. The process is that you employer needs to file for you.
    5. For more important points you would need to spend couple of dollars and seek a private consultation with a competent immigration attorney. There are many points about in L1A which would be in your best interest to know about.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Jeremy Lynn Richards

    Contributor Level 6

    Answered . Based on the dates you have given, you must be very careful with this filing. In the best case scenario you should receive approval of the L-1A petition prior to the final six months of your L-1B status and the request for an extension as an L-1A should only be filed after you have been in a managerial role for as least 6 months. If you do not clearly meet the time requirements additional arguments may be required for your petition to be approved. Your employer should seek further guidance before attempting this filing.

  3. J Charles Ferrari

    Contributor Level 20

    Answered . A. If all the requirements are met and you are petition for it, then yes.
    B. Change of status can be done in the US.
    C. Your employer needs to file the petition.
    D. Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.

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

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