L1B Extension or L1A conversion

[Ramesh22]

I am very much confused whether to apply for L1B extension or L1A conversion and found this site which really provides valuable advise. I am currently holding L1B visa and it is going to expire by end of august 2014 and the I-94 expires by firstweek of september. My company left the decision to myself whether I can go for L1B extension or L1B to L1A conversion. Since I am not sure about the success ratio, I am very much confused. Also if apply for L1A conversion and for some reason if it is denied, can I apply for L1B extension after the L1A is denied. I was given only 2 years of L1B Visa and I really like to know whether L1B extension possibilities are more since I was only given 2 years of L1B validity or it is better to go for L1A conversion since I am in to the managerial position now. Please advise and I will proceed accordingly.
1. success ratio of L1B extension ?
2. Sucess ratio of L1A conversion from L1B?
3. If L1A is denied, can I still apply for L1B extension.
4. Is it possible to apply for H1B while I am holding the L1B

[Ashok Kumar]

I also I have similar situation, am eligible for L1 B to L1 A conversion .. I have some more qns addition to the above...

Assume Current L1 Visa expire on Aug 14, but 5 years stay complete in US till Dec 14.

1. If we applied for L1 B to L1 A conversion, and if we don’t get any response before Aug 14, can we stay on conversion application until we get the denied/Approved information ?
2. or Can we apply below both ..
a) L1 B extn for stay till Dec 14
b) L1 B to L 1 A conversion together to stay in US for 7 years. ??

Your help is greatly appreciated.

[raghvi]

I also I have similar situation, am eligible for L1 B to L1 A conversion .. I have some more qns addition to the above...

Assume Current L1 Visa expire on Aug 14, but 5 years stay complete in US till Dec 14.

1. If we applied for L1 B to L1 A conversion, and if we don’t get any response before Aug 14, can we stay on conversion application until we get the denied/Approved information ?
2. or Can we apply below both ..
a) L1 B extn for stay till Dec 14
b) L1 B to L 1 A conversion together to stay in US for 7 years. ??

Your help is greatly appreciated.

Please post the questions in a new thread.

[raghvi]

I am very much confused whether to apply for L1B extension or L1A conversion and found this site which really provides valuable advise. I am currently holding L1B visa and it is going to expire by end of august 2014 and the I-94 expires by firstweek of september. My company left the decision to myself whether I can go for L1B extension or L1B to L1A conversion. Since I am not sure about the success ratio, I am very much confused. Also if apply for L1A conversion and for some reason if it is denied, can I apply for L1B extension after the L1A is denied. I was given only 2 years of L1B Visa and I really like to know whether L1B extension possibilities are more since I was only given 2 years of L1B validity or it is better to go for L1A conversion since I am in to the managerial position now. Please advise and I will proceed accordingly.
1. success ratio of L1B extension ?
2. Sucess ratio of L1A conversion from L1B?
3. If L1A is denied, can I still apply for L1B extension.
4. Is it possible to apply for H1B while I am holding the L1B

1. No one has that data except USCIS, if you are found eligible you would get it.
2. Again, no one has that data except USCIS, if you are eligible it will be approved.
3. Yes possible, if you can get a response on L1B to L1A before your I-94 expiry. Ask you company to fiel L1B to L1A as premium.
4. Yes you can . The issue becomes that your H1 , if approved, can start no earlier than 01-Oct-2014, at the same time your current I-94 is expiring before 01-Oct-2014 so a COS to H1 may not get approved unless a L1 extension is approved first, a consular process approved H1 will require you to go out of US, get H1 stamped and return on H1.

This is my opinion not legal advice.

[Ramesh22]

1. No one has that data except USCIS, if you are found eligible you would get it.
2. Again, no one has that data except USCIS, if you are eligible it will be approved.
3. Yes possible, if you can get a response on L1B to L1A before your I-94 expiry. Ask you company to fiel L1B to L1A as premium.
4. Yes you can . The issue becomes that your H1 , if approved, can start no earlier than 01-Oct-2014, at the same time your current I-94 is expiring before 01-Oct-2014 so a COS to H1 may not get approved unless a L1 extension is approved first, a consular process approved H1 will require you to go out of US, get H1 stamped and return on H1.

This is my opinion not legal advice.

Thanks you Raghvi for the valuable information. Since my L1B was given only for 2 years, most of my friends say that maximum possible if I apply for L1B extension and again other set of people say L1B extensions are rejected nowadays. Kindly need your valuable opinion whether applying L1B extension will be better option when compared to L1A conversion or viceversa. Kindly suggest as I am really in a confused stage now. I understand that we dont have the exact data of the success ratio but based upon your experience if you suggest which will be the best option I will proceed accordingly.

Thank you again

[raghvi]

Your attorneys and management team should be able to decide based on your experience, and qualifications, and associated documentations, if indeed you can apply for L1A or L1B extension. And be this I mean, they should take this decision impartially, and objectively. Just because one was granted L1 visa 2/3/5/10 Years back doesnt necessarily mean one qualifies for it again. Everyone feels that ones skill sets are specialized hence qualifies for L1B or that by being a manager one qualifies for L1A, hence, one should look at the criteria critically objectively.

With that said, I would suggest that you apply H1B in April 2014 irrespective of L1B or L1A later on. And as you approach I-94 expiry, to file for L1B extension in Aug End. If L1 extension approved, good, if denied, and if H1 approved, go out of US, get H1 stamped and return on H1


This is my opinion not legal advice.

[Ramesh22]

Your attorneys and management team should be able to decide based on your experience, and qualifications, and associated documentations, if indeed you can apply for L1A or L1B extension. And be this I mean, they should take this decision impartially, and objectively. Just because one was granted L1 visa 2/3/5/10 Years back doesnt necessarily mean one qualifies for it again. Everyone feels that ones skill sets are specialized hence qualifies for L1B or that by being a manager one qualifies for L1A, hence, one should look at the criteria critically objectively.

With that said, I would suggest that you apply H1B in April 2014 irrespective of L1B or L1A later on. And as you approach I-94 expiry, to file for L1B extension in Aug End. If L1 extension approved, good, if denied, and if H1 approved, go out of US, get H1 stamped and return on H1


This is my opinion not legal advice.

Thank you so much. I think this is the best move. I am afraid that my company system wont allow me for applying H1B because of my designation. But let me give it a try. If L1 is denied for some reason as you said I can return on H1. Thank you so much. I also had a discussion with my BRM and he advised to go for L1A conversion. I will keep posted. Thank you again for taking time in replying back to my questions and also thanks a ton for your valuable suggestions.

[Ramesh22]

Your attorneys and management team should be able to decide based on your experience, and qualifications, and associated documentations, if indeed you can apply for L1A or L1B extension. And be this I mean, they should take this decision impartially, and objectively. Just because one was granted L1 visa 2/3/5/10 Years back doesnt necessarily mean one qualifies for it again. Everyone feels that ones skill sets are specialized hence qualifies for L1B or that by being a manager one qualifies for L1A, hence, one should look at the criteria critically objectively.

With that said, I would suggest that you apply H1B in April 2014 irrespective of L1B or L1A later on. And as you approach I-94 expiry, to file for L1B extension in Aug End. If L1 extension approved, good, if denied, and if H1 approved, go out of US, get H1 stamped and return on H1


This is my opinion not legal advice.

Hi Raghvi

I have checked with my company and for my designation they said it is not possible for H1B. they asked me apply for L1A. Considering the L1A failure ratio, can i apply for H1B visa separately with any agent spending money from my packet parallely to the L1A process initiated by my company. Please advise whether this is possible or any confusion will be created if i follow this method. Already i had talked to an agent for H1B processing and he asked me apply before April 1, 2014, also told that either I may get or may not get visa. Kindly advise