H1b to L1A

[Bobbyshroff]

Hello, I am hired in US at managerial capacity and currently on H1B.
am I eligible for COS to L1A.
The whole idea is I can get one more year of extension of stay

[Libra_14]

Hello, I am hired in US at managerial capacity and currently on H1B.
am I eligible for COS to L1A.
The whole idea is I can get one more year of extension of stay

The requirement for L1A is for you to work for same company (or subsidiary), for more than a year, outside USA, in managerial position?

Do you quality for that?

[Bobbyshroff]

The requirement for L1A is for you to work for same company (or subsidiary), for more than a year, outside USA, in managerial position?

Do you quality for that?

No.. I didn?t work for the same company as a manager outside of USA.
In this case can you tell me what are all other options I have ?

Thank you

[Libra_14]

No.. I didn?t work for the same company as a manager outside of USA.
In this case can you tell me what are all other options I have ?

Thank you

EB2 or EB3

[jbd]

COS from H1B to L1A with approved I-140

Hi,

I started working with a company "A" in USA from Oct-2010 to Jun-2016. Currently, my PERM and I-140 has been approved. Post filling by green card, I went back to India in June 2016 and started working at managerial position for the same company "A" in their India office. I came back to USA in August 2017 in H1B visa extended on I-140 and resumed USA office with the same employer "A".

My employer is willing to do CHANGE OF STATUS from H1B to L1A, so my questions are...

I have been completed totally 6.5 years H1B stay so far and remain outside the USA for more than a year(June-2016 to Ang-2017).

1. As I have stayed outside US for more than 1 year since my last visit(Aug-2017)to US, Am I eligible to get fresh L1A with ~7 years?
2. My time spent in the US on H1B status(6.5 years) counts towards the L1A limit of 7 years?
3. If my COS L1A is approved. My existing approved I-140 will be invalid?

Please advice. Thanks in advance.

[sach2482]

Were you manager for same company for at least 1 year in last 3 preceding years ?

[scientist2016]

Hi,

I started working with a company "A" in USA from Oct-2010 to Jun-2016. Currently, my PERM and I-140 has been approved. Post filling by green card, I went back to India in June 2016 and started working at managerial position for the same company "A" in their India office. I came back to USA in August 2017 in H1B visa extended on I-140 and resumed USA office with the same employer "A".

My employer is willing to do CHANGE OF STATUS from H1B to L1A, so my questions are...

I have been completed totally 6.5 years H1B stay so far and remain outside the USA for more than a year(June-2016 to Ang-2017).

1. As I have stayed outside US for more than 1 year since my last visit(Aug-2017)to US, Am I eligible to get fresh L1A with ~7 years?
2. My time spent in the US on H1B status(6.5 years) counts towards the L1A limit of 7 years?
3. If my COS L1A is approved. My existing approved I-140 will be invalid?

Please advice. Thanks in advance.

1. No
2. Yes
3. No

GC is for future employment. Hence it is tied neither to your current employment nor to your current status. Since you entered the US back in 2017 using the same H1 petition as before, your clock does not reset. Hence, I do not see any advantage in changing your status to L1A, since you will have to revert back to H1 in 6 months if you want to stay in the US. If you are thinking of EB1C, there is no requirement for you to be in L1. If your employer thinks you meet the criteria, they can file for you in that category irrespective of your current status.