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Completed 5 years in L1B and presently in H1B so i will be completing 6 years straight in US. can come back on L1A

Auburn Hills, MI |

completed 5 years in L1B and presently in H1B so i will be completing 6 years straight in US. My company applied L1A and i have application receipt number (got generic RFE),

My question is BEFORE L1A visa is approved and if my H1B visa, I94 and Petition expires,
Do i need to go out of US?
If i have to leave US after H1B my visa expired and later getting L1A visa approved in few days or a month, can i come back immediately to US on L1A or should i need to wait for one year before entering US.

Please help me on this situation.

Thanks for your advice and help in advance.

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Attorney answers 4

Posted

You may first want to check with the company's immigration attorney whether you qualify for L-1A, employment abroad rule in managerial capacity, etc.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.

Posted

You should speak with your attorney about these issues. As long as a change of status was filed for you along with the request for L-1A classification, there is no reason to leave the U.S. I would also talk to the company about starting your green card process before you run out of L time. Status not visa is important. You need to stop working with your H status expires if the L-A is not yet approved. If this is a danger you may want to consider premium processing so there won't be a gap in your right to work.

Asker

Posted

They applied my L1A in premium and got generic RFE and they are working on responsind to RFE. But our HR is telling that i will be out of status when my H1b visa expires. so i have to go back, is this true?

Lynne Rogers Feldman

Lynne Rogers Feldman

Posted

When your H expires you must cease employment but you can remain in the U.S. until you get an answer on the L-1A.

Asker

Posted

ok, thank you very much for your advice.

Posted

What did the company's immigration lawyer say when you asked him/her?

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Asker

Posted

My attorney is telling since i will be out of status post H1b visa expiry i have to go back. If my L1A visa approved after i left US, can i come back immediately on L1A visa or have to for one year to re-enter US

F. J. Capriotti III

F. J. Capriotti III

Posted

You have a lawyer ... you need to talk to him/her ... not us.

Posted

Have them premium process the L1A application so a decision is issued in 2-3 weeks.

Business Immigration Attorney with 17 years of immigration law experience. Call 800-688-7892 or visit www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.

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