Change of Status - L1B - L1A

[suneel.mb]

My L1B Visa expired last year and I have a valid I-94 until Sept 2016 but I will be completing 5 years on L1B in Feb 2016. As per my current position in my company, i'm eligible for L1A.

- Is it possible to file for Change of Status from L1B to L1A?
- Will i get a new I-94 card if petition got approved?
- Do i have to go back to my home country immediately for stamping if petition approved?

Thanks,
Suneel

[raghvi]

My L1B Visa expired last year and I have a valid I-94 until Sept 2016 but I will be completing 5 years on L1B in Feb 2016. As per my current position in my company, i'm eligible for L1A.

- Is it possible to file for Change of Status from L1B to L1A?
- Will i get a new I-94 card if petition got approved?
- Do i have to go back to my home country immediately for stamping if petition approved?

Thanks,
Suneel

- Yes it is possible for L1B to L1A conversion.
- As part of the approval notice I797, the lower bottom half would be having the date with respect to the I-94.
- Not required.

Few things to take care of :
1. If there is significant time gap between your promotion/role change and L1A petition it could be questioned as to why the COS was not filed when the promotion/role change actually happened.
2. Apply for L1B to L1A at least 6 Months before L1B 5 Years completion.

This is my opinion not legal advice.