URGENT - L1B to L1A - premium processing

[tretrey]

I am on L1B now , visa ending june (with max out), my company is not ready to process L1B to L1A COS as there is less than 6 months before the max out date.
1) Can my employer file for premium processing for L1A now? (i have only 4 months left out for my max out)
2) Does premium processing for L1A require 6month before my max out date???

[raghvi]

I am on L1B now , visa ending june (with max out), my company is not ready to process L1B to L1A COS as there is less than 6 months before the max out date.
1) Can my employer file for premium processing for L1A now? (i have only 4 months left out for my max out)
2) Does premium processing for L1A require 6month before my max out date???

"When an alien was initially admitted to the United States in a specialized knowledge capacity and is later promoted to a managerial or executive position, he or she must have been employed in the managerial or executive position for at least six months to be eligible for the total period of stay of seven years. The change to managerial or executive capacity must have been approved by the Service in an amended, new, or extended petition at the time that the change occurred."


What this means is that if promoted to a position of manager or executive, an L-1B employee may change status to L-1A provided that the amended petition is submitted six (6) months or more prior to the expiration of the L-1B duration of stay.

The problem in this case is that you are within the 6 months of the expiration of the current status and the beginning of the L1A status, and so you do not qualify for the conversion.

1. That wont help.
2. As indicated above, indirectly, yes.


This is my opinion not legal advice.

[tretrey]

Thanks for the reply.

I have been in managerial category for the past 1 year. "he or she must have been employed in the managerial or executive position for at least six months"
which means whether i am in manegerial position or not alone matters right? i have been a manager for the past one year.

why wouldnt premium processing work now?

Also do u mean to say that there cannot be a premium processing done prior to 6 months of max out???

[raghvi]

Thanks for the reply.

I have been in managerial category for the past 1 year. "he or she must have been employed in the managerial or executive position for at least six months"
which means whether i am in manegerial position or not alone matters right? i have been a manager for the past one year.

why wouldnt premium processing work now?

Also do u mean to say that there cannot be a premium processing done prior to 6 months of max out???

Was an amendment filed to the underlying L1 petition when you moved to the executive position?

Was it approved?

As I mentioned:

The change to managerial or executive capacity must have been approved by the Service in an amended, new, or extended petition at the time that the change occurred

This is my opinion not legal advice.

[tretrey]

No it was not approved. Thanks for the reply.

But i would like to confirm it once again, often, i have seen people referring about premium processing of L1A.

I dont understand about the concept of premium processing with L1A