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Maxed out L1 and left US on Mar 15 2013. new H1 (for the remaining year) is under processing. Can I convert H1 to L1A ?

Los Angeles, CA |

I maxed out L1 visa (completed 5 years in US) and left US on Mar 15 2013. My new H1 visa is under processing now (hopefully I should get it by December end). 1) If I enter US after Mar 15 2014 (an year after my exit) in my new H1, can I convert my current H1 to L1A? thanks in advance

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Attorney answers 3

Best Answer
Posted

Hello:

Once you are outside of the U.S. for the proper period of time, you can change to L-1A. However, you might want to consider applying for the Multinational Manager Visa.
Multinational Manager Petition 

This is one of the best types of ways of eventually obtaining residency. These executives and managers must have offers of permanent employment in the United States, but are exempted from the labor certification. Including this group as priority workers is a tremendous boon to international companies, which will be able to transfer top-level executives and managers to this country as permanent residents on an expeditious basis, potentially in as little as several months. 

To be included in this category of the first employment-based preference, the alien must have at least one year in the preceding three employed by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer, and he or she must be coming to work in the United States in a managerial or executive capacity. This is a first priority employment petition, and therefore, takes precedence over many of the other types of employment petitions that normally take years for the visa numbers to become current.

Regards,

Brian D. Lerner
Attorney at Law

We have 3 offices over the State of California and an international office in the Philippines. We do 100% Immigration Law, have done nearly 5000 cases and can help you. Should you want an in depth consultation, please schedule one at blerner.checkappointments.com or call 562-495-0554 or e-mail me directly at blerner@californiaimmigration.us

Posted

Good question to ask your employer's attorney since there is no such a thing as "conversion" of visas.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

Posted

Possibly, as long as you remain outside the US for the requisite year and have the requisite managerial/executive experience.

Please note that this posting does not constitute legal advice or create any attorney-client relationship with the inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.

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