L2 to L1B Blanket conversion

[senthil_usa]

Hi,

My wife is in the US in L1B visa. I am in India, I just got my L2 visa. My wife and I work for the same employer that too in the same project. My employer is ready to sponsor my L1B visa once I reach US on L2 visa and induct me in the same project as that of my wife.
My question is: Can my employer file the L1B petition for me when I am in the US on L2? Will the USCIS law accept such an L1B petition submitted for someone who is in the US on L2? Please let me know. Thank You.

[kabkaba]

L1 petition can be filed for you anytime irrespective of your status or location.
When you are in the US, the petition must have a change of status part to it. When the change of status is approved and you get a new L1 I-94, only then you can work for your employer. Otherwise, if you apply for and get an L2 EAD after eaching the US then you can work for the employer.

[senthil_usa]

Thanks kabkaba.
My employer can file a L1B blanket petition for me, correct?
And when the petition gets approved I can work in US on L1B without coming to India to appear for PA, correct?

Also please note my L1b was once rejected in PA in June 2010 and my H1B petition was rejected in Feb 2011. Both were filed by the same employer.

[kabkaba]

When the petition is approved with change of status (with an I-94 at the bottom) only then you can start working. I don't know if blanket petitions can be filed with change of status, it may have to be individual petition.

What was reason for previous petition denials? If it had something to do with your credentials or employer's ability to provide a qualifying job, it is highly likely that this petition will be denied too.

[senthil_usa]

L1B was rejected during PA. Reason:Not eligible for this category. Apply another category
H1B petition was rejected. Reasons:
1. Insufficient evidence to prove former experience (please note my current employer is my first employer, no former experience).
2. The beneficiary's degree in civil enginerring does not relate to that of a computer progammer.
3. No recognition of expertise by two recognized authorities

[kabkaba]

This time your employer's lawyer should provide proper documentation showing that your qualify for L1.