L-1A Blanket or Individual

[sammy25]

Hi,

I'm currently (Aug 2014) in USA on the basis of i94 issued on the basis of L-1B visa (My L-1B expired in 2013 while my i94 is valid till 2015)
I need to travel back to my home country and then come back. My company HR has offered three options -

1. Apply for L-1A Blanket from home country
Benefits: Usually Quick Decision, If rejected, they can apply for L-1A Individual
Problems: If rejected, I'll be stuck in my home country until an alternative is figured out

2. Apply for L-1A Individual from USA
Benefits: I can plan my next steps properly knowing whether it is an accept or deny
Problems: Decision will take a long tiem (4-6 months). If rejected, then L-1A blanket option goes away

3. Apply for EB1 while I'm in USA as I fulfill qualifications for EB1
Benefits: Same as L-1A Individual
Problems: USCIS may not treat the application favorably as A) I don't have L-1A B) My L-1B is expired and I'm here on basis of i94

A 4th option of L-1B extension also exists although it is not preferred as I already meet the conditions for L-1A

Please let me know first of all if my understanding is correct on all options. Secondly, are there any other factors I should keep in mind before deciding my next move

[raghvi]

Hi,

I'm currently (Aug 2014) in USA on the basis of i94 issued on the basis of L-1B visa (My L-1B expired in 2013 while my i94 is valid till 2015)
I need to travel back to my home country and then come back. My company HR has offered three options -

1. Apply for L-1A Blanket from home country
Benefits: Usually Quick Decision, If rejected, they can apply for L-1A Individual
Problems: If rejected, I'll be stuck in my home country until an alternative is figured out

2. Apply for L-1A Individual from USA
Benefits: I can plan my next steps properly knowing whether it is an accept or deny
Problems: Decision will take a long tiem (4-6 months). If rejected, then L-1A blanket option goes away

3. Apply for EB1 while I'm in USA as I fulfill qualifications for EB1
Benefits: Same as L-1A Individual
Problems: USCIS may not treat the application favorably as A) I don't have L-1A B) My L-1B is expired and I'm here on basis of i94

A 4th option of L-1B extension also exists although it is not preferred as I already meet the conditions for L-1A

Please let me know first of all if my understanding is correct on all options. Secondly, are there any other factors I should keep in mind before deciding my next move

There are no right or wrong options, Its a decision you and your immigration team has to make based upon your eligibility for L1B or L1A or EB1.

Few add ons:
Option 2: You can get a quicker decision if apply in premium.
Option 3: If you are planning to leave US then is company willing to apply EB1 while you are outside US?

You decision to travel complicates the situation because you would need to go for a visa stamping in order to return to US. I think company will be willing to do a GC mostly only if you are in US.

If travel is not important I would suggest you apply for a L1B to L1A in premium while in US and once L1B to L1A is approved , immediately apply for EB1.

This is my opinion not legal advice.

[sammy25]

Hi Raghvi,

Thanks for the detailed answer. Clarification on Option 3 - I can postpone my travel if there is an option of applying EB1 RIGHT NOW. Can you comment on the feasibility of that and the chances of getting through?

Applying for L1A from US is also an option but if it gets rejected then we'll be left with few options. Which is why HR recommends to apply for Blanket L1A in India so that even if it gets rejected, an Individual petition for L1A can still be filed (while I'm in India)

There are no right or wrong options, Its a decision you and your immigration team has to make based upon your eligibility for L1B or L1A or EB1.

Few add ons:
Option 2: You can get a quicker decision if apply in premium.
Option 3: If you are planning to leave US then is company willing to apply EB1 while you are outside US?

You decision to travel complicates the situation because you would need to go for a visa stamping in order to return to US. I think company will be willing to do a GC mostly only if you are in US.

If travel is not important I would suggest you apply for a L1B to L1A in premium while in US and once L1B to L1A is approved , immediately apply for EB1.

This is my opinion not legal advice.

[sammy25]

Hi Raghvi,

Thanks for the detailed answer. Clarification on Option 3 - I can postpone my travel if there is an option of applying EB1 RIGHT NOW. Can you comment on the feasibility of that and the chances of getting through?

Applying for L1A from US is also an option but if it gets rejected then we'll be left with few options. Which is why HR recommends to apply for Blanket L1A in India so that even if it gets rejected, an Individual petition for L1A can still be filed (while I'm in India)

Hi, Can Raghvi or someone else please provide additional clarification that I requested. Thanks in advance.