H1B to L1A/L1B visa conversion

[elsegundo]

Hi,

I am working with my organization in India since 2007. I went to USA on H1B visa from July 2013 to March 2015. I am working for the same organization after returning back to India since April 2015. Now, I want to convert my H1B visa L1A so that my spouse could get an L2 for working status. Can you please help answer below queries?

1. Do I have to be physically present in USA to apply for H1 to L1 conversion?
2. In case i have to travel back to USA to apply for conversion, should my stay in India be atleast 12 months before I go to US?
3. Which one is better, H1 to L1A or H1 to L1B?

Appreciate your response.

Thanks.

[kabkaba]

Since you are not in the US, it is not a 'conversion' for you. Your employer can just file a petition. After petition is approved or using a blanket petition, you can then apply for your Visa and travel to US in L1 status.

In order to be eligible for L1, you must be working in this position at foreign (non-US) branch of your company for at least 1 year during the last 3 years.

Like above, there is no 'H1 to' for you. Just L1A or L1B. It depends on your position, your employer and their attorney will determine which one is appropriate.

[elsegundo]

Since you are not in the US, it is not a 'conversion' for you. Your employer can just file a petition. After petition is approved or using a blanket petition, you can then apply for your Visa and travel to US in L1 status.

In order to be eligible for L1, you must be working in this position at foreign (non-US) branch of your company for at least 1 year during the last 3 years.

Like above, there is no 'H1 to' for you. Just L1A or L1B. It depends on your position, your employer and their attorney will determine which one is appropriate.

Thank you for the response.

I am holding valid H1b currently and my organization mentioned i should be physically present in US so they could file for a conversion to L1. Can you please let me know if there is an option?

[Deino09]

Thank you for the response.

I am holding valid H1b currently and my organization mentioned i should be physically present in US so they could file for a conversion to L1. Can you please let me know if there is an option?

You cannot apply for L1A, since you have not completed one full year in an office outside of US. Your lawyers have rightly suggested to come to back to US and apply for L1.

Many lawyers do not know the complete clause for L1A. It is partially true - "In order to be eligible for L1, you must be working in this position at foreign (non-US) branch of your company for at least 1 year during the last 3 years." ..However if you look into the form I-129 ..the exact question is.

"Describe the beneficiary's duties abroad for the 3 years preceding the filing of petition. (If the beneficiary is currently inside the United States, describe the beneficiary's duties abroad for the 3 years preceding the beneficiary's admission to the United States)."

On this statement ..they usually look into the following criteria's

Is the beneficiary on executive or managerial position? (You should research on what this means and also gather appropriate strong evidence to prove it -example e-mails, presentations, recommendation to hire, performance feedback or reviews, managing multiple people/ clients, your position in org. structure etc.)

However, keep in mind - L1A COS is tricky and high chance it can lead to rejection. Hence, you need to provide a strong evidence which proves you are a manager. Simple rule is - show your case to a third person and if they have questions and find gaps which clearly proves you are a manager...then most likely USCIS will also find the same. Basically, its lawyers responsibility to make a clear and direct evidence based case. You would be good with that.

If you need freedom to switch to a company - then go for H1B; Else L1A is better as it allows L2 to work plus there is no cap on L1 category.

If you plan for GC ..then research more.

[kabkaba]

First they need to determine if you are even eligible for L1. Then they need to file the petition without conversion. Then you apply for Visa at a consulate. And lastly you travel to US in L1 status.