L1 Visa processing - Clarifications

[manianz47]

Hello
Could someone provide some info on the below?
I am planning to apply for L1A (or L1B) Via through my Employer
(1) Trust there is no Cap (unlike H1B) for L1 Visa
(2) Can the process be initiated anytime (unlike H1 which can be filed only in April of each year)?
(3) Once I get the L1 Visa, Can I start work in USA immediately? Is there a Start Date for L1 Visa?
And like H1 Visa, should we start working from October only (after Visa approval)? Any such restrictions for L1?

[raghvi]

Hello
Could someone provide some info on the below?
I am planning to apply for L1A (or L1B) Via through my Employer
(1) Trust there is no Cap (unlike H1B) for L1 Visa
(2) Can the process be initiated anytime (unlike H1 which can be filed only in April of each year)?
(3) Once I get the L1 Visa, Can I start work in USA immediately? Is there a Start Date for L1 Visa?
And like H1 Visa, should we start working from October only (after Visa approval)? Any such restrictions for L1?

1. Correct. There is no cap for L1 visas.
2. Yes anytime through out the year.
3. Yes as soon as you get the visa stamped on passport you can enter US to work. No Oct start restriction as on H1s.

L1B can be extended till max 5 Years (initial 3 Years + 2 Years extension) , L1A can be extended till max 7 Years ( 3+2+2). L1 dependents can apply L2 and they can work after getting EAD.
On L1 you cannot change employer, to change employer you would have to move to H1.

This is my opinion not legal advice.

[manianz47]

1. Correct. There is no cap for L1 visas.
2. Yes anytime through out the year.
3. Yes as soon as you get the visa stamped on passport you can enter US to work. No Oct start restriction as on H1s.

L1B can be extended till max 5 Years (initial 3 Years + 2 Years extension) , L1A can be extended till max 7 Years ( 3+2+2). L1 dependents can apply L2 and they can work after getting EAD.
On L1 you cannot change employer, to change employer you would have to move to H1.

This is my opinion not legal advice.

Many thanks for a quick response. Highly appreciated

[PaulineWY]

Starting Date L1 visa

Hi there,
Your response has helped me a lot too! Thanks for that.
Next year my new job will start 1st of April and I'm going to start with my company the L1 visa process. I was wondering what can be the starting date of the visa? Is it automatically 1st of April - meaning I can only enter USA on the date of my starting day? Or can the visa's starting date be two weeks before..so I can enter USA earlier and find housing etc?
Thanks!
Best,
Pauline

1. Correct. There is no cap for L1 visas.
2. Yes anytime through out the year.
3. Yes as soon as you get the visa stamped on passport you can enter US to work. No Oct start restriction as on H1s.

L1B can be extended till max 5 Years (initial 3 Years + 2 Years extension) , L1A can be extended till max 7 Years ( 3+2+2). L1 dependents can apply L2 and they can work after getting EAD.
On L1 you cannot change employer, to change employer you would have to move to H1.

This is my opinion not legal advice.

[raghvi]

Hi there,
Your response has helped me a lot too! Thanks for that.
Next year my new job will start 1st of April and I'm going to start with my company the L1 visa process. I was wondering what can be the starting date of the visa? Is it automatically 1st of April - meaning I can only enter USA on the date of my starting day? Or can the visa's starting date be two weeks before..so I can enter USA earlier and find housing etc?
Thanks!
Best,
Pauline

I did not understand " New job will start on 1st April" and " Start L1 visa process" when taken together. For your employer to be able to file L1 for you, you should have worked, outside US, for this employer, for at least 1 Year in last 3 Years. If you are starting with this job on 1st April how would you qualify for the 1 Year requirement?

The starting date of the visa(if approved) is generally the date of the Visa interview at the US consulate.

You can start at most 10 days before visa start date but can get paid only after the start date.

Please put the questions as bullet point to understand better.

This is my opinion not legal advice.

[PaulineWY]

When can I enter US

Sorry, let me make it clearer:

I have worked for the international company already for 10 years (in other countries). My new position will be based in the US and my starting date will be 1st of April. We are now going to start the procedure. As I'm now planning my activities in March, it will be great to know when I can enter the country. So:
- In contract the starting date says 1st of April 2015 --> when can I enter USA? (I have a Dutch passport and can enter any time, however I thought it is risky to enter while L1 visa is being applied?)

Hope my question is clearer now.
Thanks!

I did not understand " New job will start on 1st April" and " Start L1 visa process" when taken together. For your employer to be able to file L1 for you, you should have worked, outside US, for this employer, for at least 1 Year in last 3 Years. If you are starting with this job on 1st April how would you qualify for the 1 Year requirement?

The starting date of the visa(if approved) is generally the date of the Visa interview at the US consulate.

You can start at most 10 days before visa start date but can get paid only after the start date.

Please put the questions as bullet point to understand better.

This is my opinion not legal advice.

[raghvi]

Sorry, let me make it clearer:

I have worked for the international company already for 10 years (in other countries). My new position will be based in the US and my starting date will be 1st of April. We are now going to start the procedure. As I'm now planning my activities in March, it will be great to know when I can enter the country. So:
- In contract the starting date says 1st of April 2015 --> when can I enter USA? (I have a Dutch passport and can enter any time, however I thought it is risky to enter while L1 visa is being applied?)

Hope my question is clearer now.
Thanks!

You should have worked continuously at one single subsidiary for a t least one year in last 3 Years. You can enter US as soon as you get the visa in your passport.

This is my opinion not legal advice.