L1B conversion

[Ankushhelp]

I am working on L1B blanket petition and visa. Promoting to managerial role which is presented in org chart and will have hire/fire/appraisal/bonus as part of new responsibilities. I have visa expiring next year 2016 August. I am with company from 7 years and in past outside or in USA never had managerial role
Please advice when should I move to L1A visa and am I eligible for conversion?

[raghvi]

I am working on L1B blanket petition and visa. Promoting to managerial role which is presented in org chart and will have hire/fire/appraisal/bonus as part of new responsibilities. I have visa expiring next year 2016 August. I am with company from 7 years and in past outside or in USA never had managerial role
Please advice when should I move to L1A visa and am I eligible for conversion?

You need not have been in that position outside US. One can get promoted while in US and move from L1B to L1A. Yes, it can pose a challenge if you want to file Green Card under EB1 as that requires one to be Manager abroad for at least 1 Year.

This is my opinion not legal advice.

[Ankushhelp]

L1B conversion

Does it mean it's difficult or impossible to apply eb1 for me as I never had formal managerial role in past.
Once I move to L1A can I switch to h1b anytime , what if I do switch in 6th year of L1A.

What do you suggest as this moment, luckily I have 1 more year for applying one time extn on L1B

[raghvi]

It certainly is going to be difficult if you are not able to provide Management responsibility proof of time when you were outside US. Would suggest you discuss this option would your Attorney.

You can try to move to H1, but understand that L1+H1 can at max be for 6 Years so it will be fruitless to apply in Cap when you have already completed 6 Years in L1.

How long have you already spent in US? If your 5 Years in L1 Status is also completing 2016 August, first thing I would suggest is get your GC filed immediately, and then later worry about L1A or H1. Because without GC filed timely you are risking assuming you would get L1A and subsequent eligibility for EB1.

This is my opinion not legal advice.

[Ankushhelp]

L1B conversion

It's only 2 years of first 3 years of L1B just want to avoid buying first row ticket in most famous movie in most famous theater

[raghvi]

It's only 2 years of first 3 years of L1B just want to avoid buying first row ticket in most famous movie in most famous theater

Unfortunately, no matter how much you dislike it, its one of those movies that you have to watch, and sometimes multiple times.

Now, I understand your anxiety is around how to stay beyond August 2016. I dont think there is a guaranteed, fool proof way of doing that. Sit with your employer and attorney and assess whether you have enough evidences to support a L1A, if not do you have a strong case for L1B extension to be filed before August 2016. If answer to both is a no, then would suggest trying for H1 in April 2016.



This is my opinion not legal advice.

[veejay096]

L1 to L2 and back to L1

Hi - Me and my spouse are both on L1A visa in US currently. My project is getting over and will have return to India. I planning to resign and convert to L2 status. I have a few queries

- My L1A is valid till Nov 2016. If I convert to L2, does it impact the L1A visa?

- When I apply for change to L2, what is the best way of ending my relationship with current employer? Resign, Sabbatical, etc to ensure the L1A remains valid.

- I will apply for EAD and continue to work on L2-EAD. Later, if my employer wants to convert me from L2 to L1 as my visa is still valid, will it be possible? Will it be possible, even if I resigned when I was on L1?

- If coversion from L2-EAD to L1 is possible, will I have to go to India for L1 stamping again? Can it done while I am in US?

Please guide.

Regards
Veejay