Company is planing to apply L1 Visa and transferring me to US payroll. I already have a valid B1 Visa, is there any advantage for this while applying for L1 Visa and what would be the challenges to get L1 Visa? Please advise and Thank you in advance.
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Originally posted by sdh1982 View PostCompany is planing to apply L1 Visa and transferring me to US payroll. I already have a valid B1 Visa, is there any advantage for this while applying for L1 Visa and what would be the challenges to get L1 Visa? Please advise and Thank you in advance.
The B-1 is just a visitor's visa. You can't work on it. So that's a disadvantage of the B-1.
For an L-1, you are authorized to work in the U.S. for a total of 5 years as an L-1B and 7 years as an L-1A. (When you run out of time, you'll need to leave the country for 1 continuous year and then re-apply). The advantage of the L-1 visa over let's say the H-1B is that there is no Labor Condition Application (LCA) that needs to be filed (that's a bit of a pain and takes 7 days to process).
There are 2 kinds of L-1 visas. If you've been working as a manager/executive abroad and will be working in the U.S. in the same manner, you may be eligible for filing an EB-1c immigrant petition when applying for your green card (much faster and less painful than the PERM process).
The main challenge of the L-1 visa is proving that you have been and will continue to work in a specialized knowledge position (L-1B) or as a manager/executive (L-1A). It's important that the letter of support clearly proves this. There's been a high RFE rate with L-1 petitions that have been filed through USCIS.
Cheers,
Jackie
*I am not a lawyer. Please do not take my opinions as legal advice*
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