Currently on L1-B , applying for an L1-A visa

[dhirajga]

Hi All -

I am currently in United States on L1-B visa , my wife is on L2 visa. I came to United States in Feb 2011 and went back to India in Nov 2011 - this was on L1-B visa.

I travelled back to United States on L1-B visa in March 2012 till now.

Now I am travelling back to India to get my L1-A visa stamping (I am travelling alone - my wife will still be in United States), I have a L1-A Blanket Petition and going for L1-A visa stamping.

Does anyone see any issues in doing so ? Will the consulate have any issues with this - i.e. changing from L1-B to L1-A ?

Please let me know at the earliest...

Thanks for your help !

[raghvi]

Hi All -

I am currently in United States on L1-B visa , my wife is on L2 visa. I came to United States in Feb 2011 and went back to India in Nov 2011 - this was on L1-B visa.

I travelled back to United States on L1-B visa in March 2012 till now.

Now I am travelling back to India to get my L1-A visa stamping (I am travelling alone - my wife will still be in United States), I have a L1-A Blanket Petition and going for L1-A visa stamping.

Does anyone see any issues in doing so ? Will the consulate have any issues with this - i.e. changing from L1-B to L1-A ?

Please let me know at the earliest...

Thanks for your help !

Till when is your L1B valid? Till when is L2 visa valid? Till when is L2 I-94 valid?

Though I dont see any issues as long as, in the eyes of the VO, you truly qualify for L1A. Keep a back up plan in case L1A is rejected.

This is my opinion not legal advice.

[dhirajga]

Currently on L1-B, applying for an L1-A visa

Till when is your L1B valid? Till when is L2 visa valid? Till when is L2 I-94 valid?

Though I dont see any issues as long as, in the eyes of the VO, you truly qualify for L1A. Keep a back up plan in case L1A is rejected.

This is my opinion not legal advice.

Hi Raghvi -

Thanks for your prompt response.

My first L1B Visa expired in August 2013, then we got an extension approved till August 2015. So my new I-94 has the validity till August 2015

My actual question was - As I am in United States since 2011 on L1-B visa , and now I am changing it and applying for L1-A visa, can USCIS ask me why you did not come on L1-A visa in 2011 and why you are now applying for L1-A ? As i think there is a rule which states - you should be in a manager position for one year at least in India before you came to United States. I was truly a manager in India from 2010 till 2011 , but still my company filed for L1-B visa that time and that's why i came on L1-B visa. Now they are changing it to L1-A .

Please suggest...and once again thanks for the prompt response.

[raghvi]

Hi Raghvi -

Thanks for your prompt response.

My first L1B Visa expired in August 2013, then we got an extension approved till August 2015. So my new I-94 has the validity till August 2015

My actual question was - As I am in United States since 2011 on L1-B visa , and now I am changing it and applying for L1-A visa, can USCIS ask me why you did not come on L1-A visa in 2011 and why you are now applying for L1-A ? As i think there is a rule which states - you should be in a manager position for one year at least in India before you came to United States. I was truly a manager in India from 2010 till 2011 , but still my company filed for L1-B visa that time and that's why i came on L1-B visa. Now they are changing it to L1-A .

Please suggest...and once again thanks for the prompt response.

I dont think USCIS will ask that question. One can be on L1B and subsequently get promoted and qualify for L1A. So I dont see any issue with that. The one year requirement may come into picture if and when your employer applies GC under EB1 for you.

This is my opinion not legal advice.

[dhirajga]

I dont think USCIS will ask that question. One can be on L1B and subsequently get promoted and qualify for L1A. So I dont see any issue with that. The one year requirement may come into picture if and when your employer applies GC under EB1 for you.

This is my opinion not legal advice.

Thanks Raghvi - hope all goes well , will keep you updated.

Once again - thanks for your help, appreciate it !!