L1B going to be expired - Planning to apply L1-A immi & H1 in april

[firstblood]

L1B going to expired in 1 month - have valid i94 for more that 2 years.
Company planning to apply new L1A from USA
I am planning to apply my own H1

Please let me know

1) Can my company apply for fresh L1B from USA?
2) Can my company apply for fresh L1A after my L1B visa end date?
3) What would be the impact on H1 visa if I get L1A approval later?

Apologies if I missed few details.

Thanks!

[raghvi]

L1B going to expired in 1 month - have valid i94 for more that 2 years.
Company planning to apply new L1A from USA
I am planning to apply my own H1

Please let me know

1) Can my company apply for fresh L1B from USA?
2) Can my company apply for fresh L1A after my L1B visa end date?
3) What would be the impact on H1 visa if I get L1A approval later?

Apologies if I missed few details.

Thanks!

How long have you been in US on L1B?

1. Yes possible but you can get new L1 stamping done only outside US.
2. L1A has to be applied as soon as one transitions into managerial role or at least 6 Months before 5 Year L1B term expiration whichever happens earlier.
3. You would typically apply for a COS from L1 to H1, if it is approved than you should work only with H1 employer from h1 start date. Now if you apply a L1B to L1A and L1B to H1 simultaneously, confusions can arise due to last action rule. You would be in the status that is last approved by USCIS. So if H1 is approved first and then L1A then you would be in L1A and should work with L1 employer, if H1 is approved later you should only be with H1 employer.

L1B+H1B max stay can be 6 Years, L1B+L1A max stay can be 7 Years.

This is my opinion not legal advice.

[firstblood]

How long have you been in US on L1B?

3. You would typically apply for a COS from L1 to H1, if it is approved than you should work only with H1 employer from h1 start date. Now if you apply a L1B to L1A and L1B to H1 simultaneously, confusions can arise due to last action rule. You would be in the status that is last approved by USCIS. So if H1 is approved first and then L1A then you would be in L1A and should work with L1 employer, if H1 is approved later you should only be with H1 employer.

L1B+H1B max stay can be 6 Years, L1B+L1A max stay can be 7 Years.

This is my opinion not legal advice.

Thanks for the reply raghvi.

As per my knowledge if H1B is applied in April, I would know the result by October that year.

Can you please confirm timespan between Fresh L1A application and its outcome?

Thanks

[raghvi]

Thanks for the reply raghvi.

As per my knowledge if H1B is applied in April, I would know the result by October that year.

Can you please confirm timespan between Fresh L1A application and its outcome?

Thanks

No guarantee. If H1 applied with large companies chances are higher, if with smaller consultancies, chances of RFE are high. No one can predict. There are numerous posts in this forum of H1s for this year who still havent got approval notices.

Same with L1As, it can go upto 6-8 Months.

If they are applied as premium, at extra cost, then chances of quick decisions increase a lot.

This is my opinion not legal advice.

[firstblood]

thanks raghvi.

I contacted my company visa cell. They informed me that since i already have L1-B I-94 valid for 2 more year, they cannot apply for a fresh L1A from USA.

They wont answer more than that.

I am not sure whether

Filing new L1-A Visa from USA is not possible

or

Filing new L1-A Visa from USA is possible but my current L1-B I-94 Validity is stoping them from filing new visa.

Recap - L1-B visa end date is 1 month from now and I-94 is valid for 2 more years.

Appreciate all your responses.

[raghvi]

thanks raghvi.

I contacted my company visa cell. They informed me that since i already have L1-B I-94 valid for 2 more year, they cannot apply for a fresh L1A from USA.

They wont answer more than that.

I am not sure whether

Filing new L1-A Visa from USA is not possible

or

Filing new L1-A Visa from USA is possible but my current L1-B I-94 Validity is stoping them from filing new visa.

Recap - L1-B visa end date is 1 month from now and I-94 is valid for 2 more years.

Appreciate all your responses.

Why you keep insisting on "new visa" ? Visa is required only while entering US. As I said earlier, a new visa is granted only at a US consulate outside US. If you want a "new visa" you have to leave US. Read around to determine the difference between Visa, Petition, immigrant status, and I-94.

No one can get a new visa while being in US. What can happen is you change your immigrant status from L1B to L1A or L1B to H1B or to some other status.

If you qualify for L1A and are performing that role the company can always file a COS from L1B to L1A. Nothing stopping them from doing so. May be they just dont want to do the paper work and legal fees now when you have I-94 for another 2 Years.

Think from the company's perspective. What will the company gain by processing your L1A? When you are legally allowed to stay and work on L1B for 2 More years (if you havent exhausted your 5 Year L1 term)

This is my opinion not legal advice.

[firstblood]

If you qualify for L1A and are performing that role the company can always file a COS from L1B to L1A. Nothing stopping them from doing so. May be they just dont want to do the paper work and legal fees now when you have I-94 for another 2 Years.

Think from the company's perspective. What will the company gain by processing your L1A? When you are legally allowed to stay and work on L1B for 2 More years (if you havent exhausted your 5 Year L1 term)

This is my opinion not legal advice.

Sorry for the confusion earlier.

Please let me know if my company can apply for L1B to L1A conversion with I-94 valid for 2 years?
If so
1) Can the company apply for L1B to L1A conversion even after L1B expiration date?

2) If my L1B to L1A conversion is rejected, can I still continue to stay on L1B I-94?

Many thanks in advance.