L1a -> b2 -> l1a

[ssman]

Hi,

I am currently on an L1A with my employer, under their blanket petition. I have been in the US since Jan 2014.

My I94 is valid till Dec 2016. My L1A visa stamp expiration date is Dec 2018.

I have been informed that my current role will be ending on Jan 15, 2016.

My intention is to apply for a COS (form I-539) to a B2 status on the basis that I have to settle my affairs in the US (sell the car, house etc.). I will apply before my last date and will supply all supporting documents (return ticket, source of funds/savings etc).

During the time that my I-539 is being processed (or after) I may be able to get another role with the same employer, under the same blanket petition.
At that point, I believe the process is that they will submit an I-129 to COS my B2 back to an L1A. If the I-529 is still in process, they would submit a cancellation request for that at the same time as my I-129.

I do not intend to be out of status at any point during this process.

Question is - since I have a valid L1A stamp in my passport for the same employer and same blanket petition, would I need to leave the country to get another L1A stamp, or would I be able to start work once the I-129 COS is approved?

TIA for your answers.

[raghvi]

Hi,

I am currently on an L1A with my employer, under their blanket petition. I have been in the US since Jan 2014.

My I94 is valid till Dec 2016. My L1A visa stamp expiration date is Dec 2018.

I have been informed that my current role will be ending on Jan 15, 2016.

My intention is to apply for a COS (form I-539) to a B2 status on the basis that I have to settle my affairs in the US (sell the car, house etc.). I will apply before my last date and will supply all supporting documents (return ticket, source of funds/savings etc).

During the time that my I-539 is being processed (or after) I may be able to get another role with the same employer, under the same blanket petition.
At that point, I believe the process is that they will submit an I-129 to COS my B2 back to an L1A. If the I-529 is still in process, they would submit a cancellation request for that at the same time as my I-129.

I do not intend to be out of status at any point during this process.

Question is - since I have a valid L1A stamp in my passport for the same employer and same blanket petition, would I need to leave the country to get another L1A stamp, or would I be able to start work once the I-129 COS is approved?

TIA for your answers.

You should avoid working for the employer on L1A till your original B2 approval and subsequently the B2 to L1A gets approved. With that said, it can take months for L1A to B2 approval and has very less chances of approval, and subsequently a B2 to L1A can take another few weeks even if done in Premium.

This is my opinion not legal advice.