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L1B to L1a visa Type Conversion Denied, Fresh L1A Possible?

Cleveland, OH |

My employer processed L1B to L1 A visa type Conversion, unfortunately USCIS denied my petition. Currently I"m back in India and My Employer says, they cannot process fresh L1-A Visa for me as I"ve to wait for another year.

I need a legal answer..Am I legally eligible for fresh L1-A visa? or Have to wait for an year to process a new Visa

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Attorney answers 3


Your US employer is absolutely right: to be eligible for a "fresh" L-1A petition as a multinational manager/executive and and this be able to transfer back to the US subsidiary or affiliate company, you'll need to prove that you were employed for AT LEAST one (1) out of the immediately preceding 3 years in a managerial or executive position by the Hindustani "parent" company. Now this my friend, is the "legal" answer. They did not lie to you.. In fact, far from it.

Enjoy Hindustan for one year! You'll miss it when back here.. Time passes much too quickly..

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.



2006-2008 - India, Programmer, 2008- 2010 March - Programmer in USA (H1B), 2010 July- 2013 Jan - L1B ( Module Leader/Project Leader).... In Total I have spent around 4 years in USA. I"m in India now, Can my employer Apply L1-A for me now? I was having splzed knowldge outside of USA for 2 years (2006-2008)

Giacomo Jacques Behar

Giacomo Jacques Behar


Again, if you spend at least one out of the immediately preceding 3 years working as a manager or executive in the Hindustani parent Co. , then yes. I hope my answers were helpful. Please do not forget to designate a "Best Answer" to your question.


In USCIS eyes the answer was clearly "no" Your employer s requisite petition was denied, was is not?

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


If you have used all 7 years in L-1A you need to wait one full year outside the US. If you want to be eligible for a full years again in L-1A you need to wait one full year outside the us. Otherwise you do not need to wiat one full year.


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