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  • L1-B to L1-A

    I am Indian citizen working in USA-GA on a valid L1-B visa that will expire in March.2012.
    My employer agrees to file L1-A for me as my next visa.
    Hence, I wanted to know if I can file my L1-A while being in USA only? or I have to go back to India and get L1-A done from consulate?
    I have wife and son as L2 visa holders living with me.

    Also, if this is possible from USA itself and done from USA itself - will it cause any difference to me in any future procedures related to applying Green Card etc?

  • #2
    This can be done within the US and there is no need to leave. It is nothing but another extension petition filed in a different category. Your dependents will need to file I-539 to extend their status before their I-94's expire. These can be filed along with your extension.
    This is my opinion and not legal advice.

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    • #3
      and to my other question, will it cause any obstructions to my Green Card filing? I believe no as I'll be having L1-A visa and it does not then matter on which visa did I arrive in USA. Please comment.

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      • #4
        It does not matter. Like I already said, it is just like a petition to extend your L1B status.
        This is my opinion and not legal advice.

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        • #5
          I had a question along similar lines.

          My company just filed for my conversion to L1A which came through. My L1B ends on 9/9 and starting date of the L1A is mentioned as 9/10.

          Do I need to go out of US by 9/9 to get this stamped? I am assuming I can continue working till whenever I want and then if I go out of US post 9/9; I will have to come back on a stamped L1A. Am I correct?

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          • #6
            If the new approval notice has an I-94 at the bottom, you don't need to leave the US. Visa is only an entry document, which you will need whenever you leave the US.
            This is my opinion and not legal advice.

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            • #7
              Thanks for your reply. So far we haven't received the I-797; just an email notification which mentions that the start date of L1A is 9/10 (my L1B is valid till 9/9) and it mentions my current I-94# ...is there any way to find out if the approval notice will have new I-94 ? I had asked my company to file it as a conversion but I don't have the petition with me so cannot be sure...I have been in US all this while...

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              • #8
                Most probably it will have an I-94 at the bottom from what you mention.
                This is my opinion and not legal advice.

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