COS from Expired L1B to L1A

[manish1982sharma]

Hi, My L1 B was expired on 05/03/2016 and my company is willing to file 2 more yeas extension by converting it to L1A (COS) so is this possible? below is more info

1. L1 B expired on 05/03/2016 (completed L1B 5 years by this date) and left US on 04/29/2016

2. I came back to US on B1 on 06/01/2016 with 6 months entry so B1 I-94 expires on 11/01/2016

3. Currently I am supervisor at my India office and 3 bachelor degree holders are reporting to me

4. There were 3 bachelor degree holders reporting to me when I was no L1 B since 2015

5. There will be 3 bachelor degree holders reporting to me when I will come on any work Visa (L1A) on a manager / supervisor position

6. I did not start the Green Card process yet

Thanks a lot in advance
Manish Sharma

[raghvi]

Hi, My L1 B was expired on 05/03/2016 and my company is willing to file 2 more yeas extension by converting it to L1A (COS) so is this possible? below is more info

1. L1 B expired on 05/03/2016 (completed L1B 5 years by this date) and left US on 04/29/2016

2. I came back to US on B1 on 06/01/2016 with 6 months entry so B1 I-94 expires on 11/01/2016

3. Currently I am supervisor at my India office and 3 bachelor degree holders are reporting to me

4. There were 3 bachelor degree holders reporting to me when I was no L1 B since 2015

5. There will be 3 bachelor degree holders reporting to me when I will come on any work Visa (L1A) on a manager / supervisor position

6. I did not start the Green Card process yet

Thanks a lot in advance
Manish Sharma

Yes possible.

It would be a fresh L1A petition, and you will need to attend the L1A interview.You will not get full 7 Years eligibility of L1A as you would be applying without spending one full year outside US.

I see less chances with only 3 direct reports. Also, if you planning to stay till 11/1/2016 on B1 it might work against you as staying on B1 for such a long period is not generally advisable.

This is my opinion not legal advice.

[manish1982sharma]

Thanks for quick reply

One last question :- Do I need to be out of USA while applying for L1A?

Thanks
Manish

[raghvi]

Thanks for quick reply

One last question :- Do I need to be out of USA while applying for L1A?

Thanks
Manish

Technically a COS from B1 to L1A can be applied while you continue to stay in US, but the chances of it getting approved as COS are slim.

This is my opinion not legal advice.