Reg L1 renewal from India

[gsiva]

Hi,

I got my L1B Visa stamped (when I worked for CTS) on Jan 11, 2008 and it was valid till for 3 years till Jan 11,2011 but I never travelled to US

After this I moved out and worked for Oracle for 4 years and now I came back to my previous employer, that is the same CTS and am working as Manager now for the last 3+ months


My questions are:
1. Can my previously expired L1B visa be renewed now and if yes please let me know the process.
2. If the above question's answer is NO then, is it mandatory for me to wait till one year completion here in this co. to start process L1 again (i.e. next yr Feb, after atleast 1 yr in payroll of cts)?
3. If I need to wait till 1 year, and next year if I want to get my L1A to be processed, what are the min qualifications? currently am working as manager with 9+ years of exp and I hold M.Tech in CS

Thanks in advance

[raghvi]

Hi,

I got my L1B Visa stamped (when I worked for CTS) on Jan 11, 2008 and it was valid till for 3 years till Jan 11,2011 but I never travelled to US

After this I moved out and worked for Oracle for 4 years and now I came back to my previous employer, that is the same CTS and am working as Manager now for the last 3+ months


My questions are:
1. Can my previously expired L1B visa be renewed now and if yes please let me know the process.
2. If the above question's answer is NO then, is it mandatory for me to wait till one year completion here in this co. to start process L1 again (i.e. next yr Feb, after atleast 1 yr in payroll of cts)?
3. If I need to wait till 1 year, and next year if I want to get my L1A to be processed, what are the min qualifications? currently am working as manager with 9+ years of exp and I hold M.Tech in CS

Thanks in advance

1. No.
2. Yes you have to be on the payroll for 1 Year. Actually the rule says on payroll for at least 1 Year in last 3 Years. So had you joined back CTS in 2013 you might have been still eligible.
3. http://www.uscis.gov/working-united-...ive-or-manager. There are no hard and fast qualification/experience requirements as such. Merely being a Manager and M.Tech in itself may not enough.

This is my opinion not legal advice.

[gsiva]

Reg L1 renewal from India

Thanks for the comments

Now am clear with the first two questions and reg my 3rd query: When its said "There is no hard and fast requirements/qualifications" I can understand its bit arbitrary and depends on person to person

But on an average, in the perfect world, what are the eligibility constraints for the L1A for the same (apart from holding Masters in CS with 9+ yrs of exp and working as Manager). I just wanted to know the odds.

Kindly share your guys experience in the same.

[inadmissible]

It seems (reviewing AAO decisions) most denials are based on a petitioners failure to establish that the employee has been and will be employed in a primarily executive, managerial, or specialized knowledge capacity.

Which category are you hoping to qualify under?

[gsiva]

Managerial category

It seems (reviewing AAO decisions) most denials are based on a petitioners failure to establish that the employee has been and will be employed in a primarily executive, managerial, or specialized knowledge capacity.

Which category are you hoping to qualify under?

[inadmissible]

Do you meet the statutory requirements? It is not enough to have a manager title or to be group leader.

I.N.A.101(a)(44)(A), 8 U.S.C. § 1101(a)(44)(A), defines the term "managerial capacity" as an assignment within an organization in which the employee primarily:

(i) manages the organization, or a department, subdivision, function, or component of the organization;
(ii) supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization;

(iii) if another employee or other employees are directly supervised, has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization), or if no other employee is directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; and

(iv) exercises discretion over the day-to-day operations of the activity or function for which the employee has authority. A first-line supervisor is not considered to be acting in a managerial capacity merely by virtue of the supervisor's supervisory duties unless the employees supervised are professional.

I.N.A.101(a)(44)(B), 8 U.S.C. § 1101(a)(44)(B), defines the term "executive capacity" as an assignment within an organization in which the employee primarily:

(i) directs the management of the organization or a major component or function of the organization;
(ii) establishes the goals and policies of the organization. wmponem, or function:

(iii) exercises wide latitude in discretionary decision-making: and

(iv) receives only general supervision or direction from higher-level executives, the boar d of directors, or stockholders of the organization