Filing for L1A - As L1B is about to Max out

[AJ11]

Senior Members - Need help on this topic

My L1B is expiring on 2nd Jan 2012, My company (attorney's) has filed for extension after recapturing the time I was out of the country.

This extn will last till middle of April. The questions that I have:
1) Can L1A be filed after my extension for L1B is approved
- I am a manager (got promoted in Oct 2011)
2) Is there any CIS law which states that my L1A extension cannot be filled if I have less than 6 months left on my L1B before it max out?

Please let me know.

[raghvi]

Filing for L1A - As L1B is about to Max out

I believe as per the requirements of L1A, one has to serve in Managerial/executive capacity for at least 1 year in the preceding three years in the overseas subsidiary of the company. Since you got promoted only in Oct 2011, it may be difficult to prove 1 year as Manager/executive. Further since you are not working overseas that further reduces the chances. This is my opinion, please do consult with experts too.