Is L1A to H1B conversion possible?

[PSH]

Hi,

Thanks to all in advance.

I worked in the US before, for 6 years on an H1B. (Which of course, is expired now)

This time my company wants to apply for an L1A given my current level. There are pretty good chances getting through L1A. But as a policy, the company does not process Green Cards. So the chances of me getting COS under an EB1C from my company are weak.

I want to continue to work in America for a longer time. If I get to apply for a new H1B through a different company/consultant,

Q1) What are the chances that the H1B getting approved? (Given that L1A is for executive/manager positions and H1B is for specialty occupation). Actually speaking my role qualifies for both as I am both a technical manager and people manager for an R&D team.

Q2) Irrespective of the above COS happening or not, while I am on an L1A can I go for Green Card processing from any other company?

Thanks a lot for your valuable replies.

Regards,
PSH.

[raghvi]

Hi,

Thanks to all in advance.

I worked in the US before, for 6 years on an H1B. (Which of course, is expired now)

This time my company wants to apply for an L1A given my current level. There are pretty good chances getting through L1A. But as a policy, the company does not process Green Cards. So the chances of me getting COS under an EB1C from my company are weak.

I want to continue to work in America for a longer time. If I get to apply for a new H1B through a different company/consultant,

Q1) What are the chances that the H1B getting approved? (Given that L1A is for executive/manager positions and H1B is for specialty occupation). Actually speaking my role qualifies for both as I am both a technical manager and people manager for an R&D team.

Q2) Irrespective of the above COS happening or not, while I am on an L1A can I go for Green Card processing from any other company?

Thanks a lot for your valuable replies.

Regards,
PSH.

Since when are you outside US? Have you completed 1 Year at least? Is L1 A blanket or L1 A individual being planned?

1. The earliest you can apply for fresh cap subject H1 is April 2015, and the earliest one can work on an approved/stamped H1 would be Oct 2015. Your previous H1 stay would not negatively or positively affect the case, as each application is seen on fresh grounds with latest evidences. Also, even if you role qualifies, the job offered by the employer should also qualify for H1B.
As for L1A, one would have to see the paperwork and evidences with respect to designation, reporting structure, salary offered, designation of reportees etc.

2. COS can be filed only when one is in US, not when outside. So even if you do get L1A and travel into US, yes you can go for green card processing from another company. But then again the next company would not be able to petition for you under EB1C as one of the basic criteria for EB1C MNC Executive is that you should have worked for at least 1 Year at their foreign subsidiary outside US.

Then they would most likely file only under EB2/Eb3, now the next challenge is why would an employer file a EB2/Eb3 petition for you when you are not working for them ? In order to work for that employer they would have to file H1 as per dates explained in 1 above.


This is my opinion not legal advice.

[PSH]

Thank you

Since when are you outside US? Have you completed 1 Year at least? Is L1 A blanket or L1 A individual being planned?

1. The earliest you can apply for fresh cap subject H1 is April 2015, and the earliest one can work on an approved/stamped H1 would be Oct 2015. Your previous H1 stay would not negatively or positively affect the case, as each application is seen on fresh grounds with latest evidences. Also, even if you role qualifies, the job offered by the employer should also qualify for H1B.
As for L1A, one would have to see the paperwork and evidences with respect to designation, reporting structure, salary offered, designation of reportees etc.

2. COS can be filed only when one is in US, not when outside. So even if you do get L1A and travel into US, yes you can go for green card processing from another company. But then again the next company would not be able to petition for you under EB1C as one of the basic criteria for EB1C MNC Executive is that you should have worked for at least 1 Year at their foreign subsidiary outside US.

Then they would most likely file only under EB2/Eb3, now the next challenge is why would an employer file a EB2/Eb3 petition for you when you are not working for them ? In order to work for that employer they would have to file H1 as per dates explained in 1 above.


This is my opinion not legal advice.

Hi Raghvi,

Thanks for your time and informative response.

I have been outside the US for more than 2 years now.

And an L1A blanket is being planned. What would be the difference if it is an L1A individual?

1. So if the job offered for H1B qualifies for the H1B requirements, the mere fact that my then current visa would be an L1A would not hamper the chances of an H1B approval, right?

2. Got it.

Regards,
PSH

[raghvi]

With L1A Individual there is additional processing delay unless applied in premium. At the same time there is higher chances of rejection with L1A blanket.

Yes your H1 should not interfere with L1A.

This is my opinion not legal advice.

[PSH]

Thanks again

With L1A Individual there is additional processing delay unless applied in premium. At the same time there is higher chances of rejection with L1A blanket.

Yes your H1 should not interfere with L1A.

This is my opinion not legal advice.

Thanks a lot, Raghvi.

That was very helpful.

Regards,
PSH