H1 visa to L1 visa conversion ????

[tempvisaholder]

Hi,

I arrived in the US on a H1B visa in March 1998. I have had 4 H1's issued after that. My 6 year cap is going to expire on March 2004.

My current visa had a validity period upto Dec 2003. UNFORTUNATELY I got laid off on Nov 29th 2002. I applied for a new H1 (H1 transfer under the H1 portability act) on Dec 6th 2002.

From what I understand I am still in status as I did receive a WAC number from the INS within 10 days of my employment termination. I never applied for my green card to date and hence can not file for a 7th year extension either.

HOWEVER I did get another job offer and the company has promised me and is in the process of applying for my L1-A visa. I have never left the US after landing here in March 1998. From what I understand; the L1A visa procedures require that the employee be working for the company for a minimum of 1 year in the prior 3 year period (immediately prior to the L1 filing) in order to qualify for the L1 visa.

Am I doomed for a L1A visa rejection (for both ehe H1 and the L1A filed; both by seperate employers) or am I missing something. ??

PLEASE PLEASE ADVISE.

 

[Jim Mills]

You need to have worked for the employer for one out of the last three years as a manager or executive overseas. What are they basing the L-1A application on? There may be ways around this but why not just do an H-1 "transfer"? You will get an additional year with the L-1A (7 year in country limit, time in H status will count) so why waste time on a petition that may be frivolous and unapprovable?

Speak to your attorney and the company since there could be aspects that we are not aware of.