L1b --> L1a // L1b --> H1b --> L1a

S

satori66

Registered Users (C)
Hi,
I currently have an L1B. It expires in a few months. I would like my company to transfer me to an L1A. I did get promoted over the last few years and I am currently working at managerial level. Managers and partners at my company support my L1A request. My companies foreign employee support department still feels I have a weak case. Would anybody know why they would say that? How difficult is it to transfer from an L1B to a L1A? Does this often get refused by the INS? On what grounds?

My companies foreign employee support department suggests I move immediately to an H1B. I am not sure why they would think that this is easier?? Especially with the current cap. Would it be possible to go from an L1B to an H1B and then (one year later) when the H1B expires move to an L1A? Or is the latter impossible?

Thanks. Any input is welcome. The near extension of my visa kind-a overwhelmes me since I always thought the duration to be six years instead of 5 years. I am currently also in the first stage of the Green Card process (for more then 2 years now) but I still do not have my labor certification. Can I extend my L1B based on the fact that I am more then 1 year in the GC process or does this only work for H1B holders. Sorry for the many questions.... Does anybody know a good lawyer in Orange County CA haha - thanks.
 
satori

your foreign employee support dept. may have a backing to their uncomfortable feeling. The reason stems from the fact that one ought to have worked in a managerial/supervisorial role when working for the foreign entity. A managerial title in the US either upon arrival or through meritorial progression may be scrutinized by the service center.

However, the advice on COS (change of status) to H1-B may not be well plced. As you mentioned due to the cap. Had the cap not reached that is an option worth considering. For ex. (with the above assumption) if you receive COS before the end of 5yrs of your L1-B to H1-B, then you can file for your LC. LC may not be finished w/ in the expiration of the 1 yr. approval you would get on H1-B. However, having filed for your LC 365 days prior to 6 yr expiration would grant you perpetual extension under AC-21, until you can adjust status (so long as you still have the job). I'm not sure if you can go to an L status as it does not provisions granted under AC-21. This answers your question on L1-B extn.

So, requesting for COS to L1-A might be the only option other than leaving the US for 1 year. But do consult a good attorney. I'm not familiar with Orange County, CA. Why not Mr. Khanna or Ms. Murthy?

Good luck
 
Hi Satori,

Can you share the decision you have made ? Changing from L1-B to L1-A or H1-B ?

I am also pretty much in the same position and hence interested in knowing how you are handling this.

Thanks,
Devi.
 
Response

I have requested H1B - is currently approved. Apparently I needed to have been a high ranking manager (or so they say) before I came to the US to be approved for L1A. Promotions during your stay in the US don't seem to count. I am still sure it all depends on what your firm wants to do for you and what kind of a picture they want to draw.

Good luck.

Frank.
 
You must log in or register to reply here.
Top