H1 --> L1a

Q

qj123

Registered Users (C)
I have been working for a multinational company for the past two years on H1B. Unfortunately my GC process got stalled because my wife got laid off and it was her co. which was doing it. Not expecting this situation, I never filed LC from my co. As a result I am nearly done with my 6 years. My co. lawyers suggested that I go out of the country for 6 months and come back on Blanket L1A and file for GC process. My question is:

1. Is it doable?
2. If yes, what all documents do I need to go thru this process?
3. Can I be denied a visa even though my co has blanket L1?

It is not that I do not trust my attorny but I need some experiences and little more information before I would feel comfortable with this option (not that I have any other !).

Please help.
 
Having spent the full term of 6 yrs on H-1B, I think, you have to be out of the counry for at least 1 year before you can come back on blanket L-1.
 
L-1A is good for 7 years but the time in H status counts. L-1B is only good for 5 years so that is not help.
 
Also remember that benefits of AC-21 (such as 7th yr. extensions, Job portability) may NOT be applicable for L-1 (A/B). This is however argued otherwise since there are no published guidelines for AC-21. What is being used currently are interpretations.
 
qj123,
to address your questions:

1. Is it doable?
No, after using full 6 yrs. you need to spend 1 yr. outside US.

2. If yes, what all documents do I need to go thru this process?
Go to USCIS website and download fillable Form I-129S (for blanket L-1 petition) for L1. It has all the necessary information.

(i) Form I-129
(ii) Educational Qualification – Translation & equivalency determination for non-US degree
(iii) Letters of reference for previous work experience (other than present company)
(iv) Letter from your foreign company (non-US company indicating job title, duties, period, may be even salary etc.) to document that you have been working for parent/ subsidiary/affiliate of the US company outside US during the 1year (in the last 3yrs)
(v) Letter from your US company (parent/subsidiary/affiliate) indicating title, duties, salary, period & location. This is for the position when you go back into US
(vi) Copy of blanket L-1 approval notice
(vii) Beneficial to provide copies of H-1b I-797s

No filing fee is required for blanket L-1s

Also check www.immmihelp.com to get some idea. Some information in this site may be old and not updated

3. Can I be denied a visa even though my co has blanket L1?
Yes. If denied, possibly for insufficient documentation or for criminal offense or prior run-ins with immigration issues such as over-stay/illegal stay and such. All these being discounted, it should be clean chit-no issue.

My company is now exploring options to do L-1 for me shortly. I’ll provide details as it becomes available. I’m not sure of L-2 requirements. I’ll update when I have info.
 
Hey 7280....Any progress on your case.

Unfortunately, my attorney confirmed today that I have to be out for one full year :(

Do you guys have any other suggestions?
 
Originally posted by Jim Mills
L-1A is good for 7 years but the time in H status counts. L-1B is only good for 5 years so that is not help.
Click to expand...

Does it make sense to go out for 6 months and come back on Blanket L1A for 1 year. In that one year, file for GC and get EAD?

Q
 
qj123,

As I recently went thru the L1 process (after 6 years on H1 and staying outside fora whole year) , I can tell you my story.

According to the L1 laws (Blanket or not), if you have completed 6 years of H1, then you have to be out of US for one year. Also it becomes a firm case if you work outside the US as a manager to get back on a fresh L1-A visa.

This is what happened to me and my lawyer asked me to wait for 365 days (actually i did 370 days). After that it was smooth sailing, no questions asked at the Consulate during the interview.

-Girish
 
pretty much the same in my case as well. Waited 377 days before applying at the consulate. All the ducks were in a row. No questions asked. I could have applied a week earlier but for some international document transfer and discussions etc...

Good Luck
 
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