B1/B2 to L1

G

gen334

New Member
Hi

I came to US on B1 Jan 2011. Got stamp for 6 months (i94 expires on Jul 2011)

This is 3rd time I am entering US on B1.

-- 1st entry: July 2008 - Oct 2008
-- 2nd entry: Nov 2008 - Mar 2009
-- 3rd entry: Jan 2011 - current

Now my company wants to file an L1 for me.

-- Since I am already in US, Is there a process to get my L1 with out going back to my country (India)
or
-- Should I go back to my country and then apply L1 ?

Please suggest

Thanks in advance
 
It is the same form filed by the employer for you regardless of whether you go back or stay.

If you had only planned a short business trip can you manage to stay until you get the change of status? Since you had not planned on staying, you probably don't have all the required evidence OR maybe all your evidence is in your personnel file with the employer already?? Would you need to go back and take care of personal business? Have you got a family back home that will be relocating with you? Is it a terrible inconvenience to suddenly be stuck for the duration when you had not planned to do so?

The employer files an I-129 with USCIS IF you qualify. L1A is for a a manager or executive while the L1B is for a "specialized knowledge" classification. Which are you? Also, you must have the requsite work history and experience and/or education, the job must qualify for the category, and the U.S. and foreign company must have the required relationship. The company has to qualify to file, the job has to qualify for the classification and you have to qualify for the job and classification and have the required employer-employee relationship.

A good decision to read on L visas is: Matter of Michelin Tire Corp., 17 I&N Dec. 248,249 (Regl. Commr. 1978) which is available on the EOIR website. The statut and regulations have been amended since then but the underlying issues remain the same.....

The L visa is for an “intra-company transferee” who was already an employee for at least one year and who will be employed in a capacity that is managerial, or executive or involves specialized knowledge therefore they are reliant on a specific pre-existing employer-employee relationship that must have been in existence for a minimum prescribed period of time and in a certain role.
 
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Yes, I can manage to stay until my i94 expires (i.e Jul 2011). But how long will change of status takes ?
I am single so no plans of getting family.
I qualify for L1B - Specialized knowledge. I work for a product based company and I have 4 years of experience with my company.
I have expert knowledge on one of our products.
 
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