L1B to L1A

[micromaddy]

Hi,

I am in L1B and my I-94 & 5 yr is getting over by 20 th April. My company is ready to sponsor L1A now and delay in getting my management approval.
How many days before do we need to apply L1A ?
Please advice...

Thanks
Maddy

[raghvi]

Hi,

I am in L1B and my I-94 & 5 yr is getting over by 20 th April. My company is ready to sponsor L1A now and delay in getting my management approval.
How many days before do we need to apply L1A ?
Please advice...

Thanks
Maddy

Did you get promoted to Manager level while in US? If yes, then did you file an amendment when it was done?

[micromaddy]

L1B to L1A

Did you get promoted to Manager level while in US? If yes, then did you file an amendment when it was done?

Thanks for your response.

Yes, I have got promoted to manager level, but we are waiting for my leadership level approval for filing L1A.. I know i have only 1 month now.. How many days before we should process this ?
is it fine 15 days before? If they file my L1A, is it legal to stay in US while my current I-94 expires on 20 th April 2014.

Please advice.

Thanks.

[raghvi]

Thanks for your response.

Yes, I have got promoted to manager level, but we are waiting for my leadership level approval for filing L1A.. I know i have only 1 month now.. How many days before we should process this ?
is it fine 15 days before? If they file my L1A, is it legal to stay in US while my current I-94 expires on 20 th April 2014.

Please advice.

Thanks.

I am afraid you missed the time in which it should be applied. One should apply for L1B to L1A 6 Months prior to 5th Year completion that is on or before 4.5 Years on L1B.

The regulations at 8 C.F.R. 5 2 14.2(1)(15)(ii) states


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.

This is my opinion not legal advice.

[micromaddy]

Thanks

I am afraid you missed the time in which it should be applied. One should apply for L1B to L1A 6 Months prior to 5th Year completion that is on or before 4.5 Years on L1B.

The regulations at 8 C.F.R. 5 2 14.2(1)(15)(ii) states


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.

This is my opinion not legal advice.

Thanks for your reply.. I have been promoted year back, but the process has not started for some internal reason.. they are confirming that within 2-3 days i will start apply for L1A.. Is it fine?
is my stay after applying L1A valid for 220 days without i-94 ?

[raghvi]

Thanks for your reply.. I have been promoted year back, but the process has not started for some internal reason.. they are confirming that within 2-3 days i will start apply for L1A.. Is it fine?
is my stay after applying L1A valid for 220 days without i-94 ?

In that case the amendment should have been filed 1 Year back as soon as you got promoted.

Please see the below case with USCIS. It is very similar to your situation where the person filed L1B to L1A 59 days before 5th Year expiry and was refused even if the person was promoted earlier.

http://www.uscis.gov.edgesuite-staging.net/err/D7%20-%20Intracompany%20Transferees%20(L-1A%20and%20L-1B)/Decisions_Issued_in_2005/SEP062005_02D7101.pdf

This is my opinion not legal advice.

[vicks25]

In that case the amendment should have been filed 1 Year back as soon as you got promoted.

Please see the below case with USCIS. It is very similar to your situation where the person filed L1B to L1A 59 days before 5th Year expiry and was refused even if the person was promoted earlier.

http://www.uscis.gov.edgesuite-staging.net/err/D7%20-%20Intracompany%20Transferees%20(L-1A%20and%20L-1B)/Decisions_Issued_in_2005/SEP062005_02D7101.pdf

This is my opinion not legal advice.

Hi Raghvi,
i see that you are talking about some sort of amendment when an individual is promoted to Managerial capacity on L1B visa. Can you please throw more light on what that amendment is? Are you referring to filing a L1A petition as soon as the individual is promoted to Managerial capacity? Any help on this topic is greatly appreciated!!

[raghvi]

Hi Raghvi,
i see that you are talking about some sort of amendment when an individual is promoted to Managerial capacity on L1B visa. Can you please throw more light on what that amendment is? Are you referring to filing a L1A petition as soon as the individual is promoted to Managerial capacity? Any help on this topic is greatly appreciated!!

Just the way for H1 if there is material change in underlying petition a I129 is filed, similarly for L1s a I129S needs to be filed.

This is my opinion not legal advice.

[vicks25]

Just the way for H1 if there is material change in underlying petition a I129 is filed, similarly for L1s a I129S needs to be filed.

This is my opinion not legal advice.

Thanks for the response raghvi. I got promoted while on L1B 6 months back so can an amendment be filed right now? Will it be valid if it is filed now? If yes, how much time does it take to have that amendment processed via USCIS?

Thanks!!

[raghvi]

Thanks for the response raghvi. I got promoted while on L1B 6 months back so can an amendment be filed right now? Will it be valid if it is filed now? If yes, how much time does it take to have that amendment processed via USCIS?

Thanks!!

An RFE may be raised as to why was it not filed at the time of change. How long have you already spent in L1B status?

This is my opinion not legal advice.

[vicks25]

An RFE may be raised as to why was it not filed at the time of change. How long have you already spent in L1B status?

This is my opinion not legal advice.

Hi raghvi,

I have spent 2.5 years on fresh L1B in USA. I was reaching my end of 3 year term and instead of filing for an L1B extension my employer thought it is a good idea to file for an L1A since I got promoted to managerial capacity in June 2015. My employer filed for an L1A conversion in September 2015 and interview was scheduled in Canada for November 17th 2015 (which is close to 6 months since i got promoted). My employer did not file for any amendment when i got promoted in June 2015.

I was not asked for any amendment during my visa interview and my L1A was approved.

Now, while going back to USA (in car from Canada), the officer as POE denied entry specifying that my employer has not filed for an amendment. I have been trying to get it resolved with my employer's lawyer since then.
Lawyer is trying to see if it can be resolved without having to file that amendment since we filed for L1A petition just few months after i was promoted.

Would filing an amendment now work in my case? If yes and it gets approved would i have to re-file for a new L1A? What would be the timeline towards having the whole process completed (just want to know how long i would have to wait in Canada)?

i can send you personal message if you can clear your inbox for personal messages.

Appreciate your help and response on my questions!!

[amit295]

Hi raghvi,

I have spent 2.5 years on fresh L1B in USA. I was reaching my end of 3 year term and instead of filing for an L1B extension my employer thought it is a good idea to file for an L1A since I got promoted to managerial capacity in June 2015. My employer filed for an L1A conversion in September 2015 and interview was scheduled in Canada for November 17th 2015 (which is close to 6 months since i got promoted). My employer did not file for any amendment when i got promoted in June 2015.

I was not asked for any amendment during my visa interview and my L1A was approved.

Now, while going back to USA (in car from Canada), the officer as POE denied entry specifying that my employer has not filed for an amendment. I have been trying to get it resolved with my employer's lawyer since then.
Lawyer is trying to see if it can be resolved without having to file that amendment since we filed for L1A petition just few months after i was promoted.

Would filing an amendment now work in my case? If yes and it gets approved would i have to re-file for a new L1A? What would be the timeline towards having the whole process completed (just want to know how long i would have to wait in Canada)?

i can send you personal message if you can clear your inbox for personal messages.

Appreciate your help and response on my questions!!

Hi,
could you tell us how this situation was resolved ?

Thanks in advance !!!