L1A Change of Status

[Praveenkumar.2608]

Hi,

I have a valid H1B Visa till August 2020, My port of entry to USA was October and I have been working here for the past 5 months and I was intended to travel back to India end of 2019. Due to unforeseen circumstances, My employer is willing to convert my H1B to L1A, since I have been doing Manager and Functional activities, along with my technical duties. My employer has promoted me and I have reportees under me in Onshore as well onshore now. The reason behind conversion is client has renewed the contract for next 5 years and couple of manager released from this project.

I have 5 years of experience with this current company and 5 months of onsite for the same company.

My questions:

1. I fulfilled L1 requirement, since I worked for the same company for the past 5 years before I entered US(October 2018) but in pure technical role and it got changed now to manager or executive role. Am I eligible ?

2. How long it will take for me to do Change of status to L1A if under normal process? ETA of approved petition hard copy.

3. How long it will take for me to Change of status to L1A if under premium processing? ETA of approved petition hard copy.

4. My L1 Change of Status is also done for my dependents (Spouse and Kid). They are currently in India, what is process for them to change from H4 to L2. Do I have to fill the DS-160 again for them and schedule an interview with consulate.


5. What are all the documents I need to submit to prove that I am now on a different role (I have organisation chart, Email exchange between Candidates who I recruited for this project)

[Libra_14]

1. I fulfilled L1 requirement, since I worked for the same company for the past 5 years before I entered US(October 2018) but in pure technical role and it got changed now to manager or executive role. Am I eligible ?

Yes.

2. How long it will take for me to do Change of status to L1A if under normal process? ETA of approved petition hard copy.

7-8 months - you can check that online on USCIS site as well.

3. How long it will take for me to Change of status to L1A if under premium processing? ETA of approved petition hard copy.

15 days without RFE & 45-60 days with RFE

4. My L1 Change of Status is also done for my dependents (Spouse and Kid). They are currently in India, what is process for them to change from H4 to L2. Do I have to fill the DS-160 again for them and schedule an interview with consulate.

If you switch to L1 before they enter USA, then they need to change their visa from H4 to L2 before flying. They need to follow the same process again (DS160, appointment, interview etc).

5. What are all the documents I need to submit to prove that I am now on a different role (I have organisation chart, Email exchange between Candidates who I recruited for this project)

Should be fine enough.

[bhagwat_shrikant]

Hi,

I am in USA on L1b Visa. My original visa of 3 years is expired and i am on extension of two more years valid until Jan2021. I had never applied for H1b visa. I have 12 years of experience. I work for company A on L1b and Company B wants to hire me. they are ready to do COS process but i was told they can do this only in march as i never had H1b approved. Can you please let me know when can we apply for COS, is there any timeframe or start time for COS application specially when i have no H1 approved in past. also when can i start working for company B if i get approval on COS, will it be aug of that year like H1B? or can i start working for company B immediately after receiving COS approval

Thanks in advance.

[Libra_14]

Can you please let me know when can we apply for COS, is there any timeframe or start time for COS application specially when i have no H1 approved in past.

You can file for COS only when you have an valid approved H1 petition in your hand, which you can't get before Oct 2020 now. Hence you cannot change your employer or switch job.

also when can i start working for company B if i get approval on COS, will it be aug of that year like H1B? or can i start working for company B immediately after receiving COS approval

You can immediately start working once you file for your COS (ofcourse after approved H1 petition). You don't need to wait for approval. However if the COS is rejected, you'll loose your status immediately & will need to leave USA of search for another employer immediately.