L1 Rejection effects..

[vickysingh]

I am currently in US on L2 and working on EAD. Now my employer wants to file my L1B and before that i want to check below scenarios.
1. Once my L1B gets approved i understand that my status would change from L2 to L1B. As my EAD is L2 based ,does that mean my EAD would also become invalid? And if in future i want to use my EAD i have to change my status back to L2 to use my same EAD?

2. If by chance my L1B gets denied,that would not effect my EAD or L2? I can still be in US on my L2 and work on my EAD?

[raghvi]

L1 Rejection effects..

Is there any specific reason why the conversion is being done? Why cant you continue to work on L2-EAD?
To answer to your questions, YES, the L1 can be filed as COS without leaving the US provided you meet the criteria of L1, one amongst them is working for the overseas subsidiary (outside US) of the employer for at least a year in the past 3 Years.
Also, you will have to get your L-1 visa stamping done whenever you leave US and want to return to the U.S. If your L1 gets denied while you are in US , you can still continue with your L2-EAD till I-94 expiry. If L1 gets denied when you go for stamping, then they may or may not revoke your L2 it depends on the VO. This is my opinion, please do seek expert guidance from Immigration lawyers too.

[raghvi]

L1 Rejection effects..

To add to what I said, once you change from L2 to L1, and is approved, your EAD will become invalid. And in future you would have to switch back to L2 to get a EAD. One thing to think about is that on L2-EAD one can change employers but not on L1. This is, again, my opinion do seek expert opinion too.

[vickysingh]

Thanks for your quick reply Ragvi..I need a small clarification about your response. I am working for my employer from last 8 months in US on EAD and before that i was working for same employer in india for 6 months before moving to US. Can this employer apply for my L1??

[raghvi]

L1 Rejection effects..

I am afraid not, L1 requirements specifically mention that you should be working for the overseas subsidiary (outside US) of the employer for at least a year in the past 3 Years. What it means that one should be working OUTSIDE US, with the company's sudsidiary for at least a year. This is my opinion, please do seek expert opinion too.

[vickysingh]

Hi Ragvi,i do not think this is the case,as my wife is real life case.she was in US for 2.5 years on L1B. Then went back to india and her employer applied for fresh L1B within 4 months. So is there something else you can think why her employer would do that.

[raghvi]

L1 Rejection effects..

Did the employer file a fresh L1B, or was it an extension of the existing L1B?

[vickysingh]

it was fresh visa,her previous visa got expired and she had to go back.she stayed Continuously for 2.5 years on her first L1b before returning. After returning to india her employer planned to file fresh L1B for her within 2 months of her returning to India, and she was back to US on fresh L1B within 4.5 months of returning to India after her first L1B expired. Now I am not sure if the employer attorney filed something special to support her case.

[raghvi]

L1 Rejection effects..

How long was she working in India with the employer before her first L1b was filed?

[vickysingh]

she was working for the employer in india for around 2.5 years before traveling on her first L1B.

[raghvi]

L1 Rejection effects..

There you go, your case and her case is different. She was working for the employer for over 1 Year outside US, in India, prior to coming on L1B, so she does qualify for the L1B. Wheras you have worked only for 6 months outside US, in India, for the employer. This is my opinion, please do seek expert immigration lawyer opinion too.

[vickysingh]

It might be the case but she did not stayed for 1 year in india before getting her new visa stamped. Does that mean for the second visa her date of reference for 1 year outside US experience was the date when her first visa was approved. And the 4 months she spent in india before getting second visa do not matter.? They were overlooked...

[vickysingh]

And to add on to what i said. According to this statement "L1 requirements specifically mention that you should be working for the overseas subsidiary (outside US) of the employer for at least a year in the past 3 Years." she has spent just 4 months continuously in india in last 3 years before getting her second visa.

[raghvi]

L1 Rejection effects..

I am just referring to what the law says, I do not know how her case was represented to the USCIS. Due to recent spate of L1 visa rejections its always prudent to have the best of data and facts with one. I would seriously suggest you consult experienced immigration attorneys on the same.

[rvisak]

The law for a fresh L1-B is you should have stayed outside US for a cumulative total of 1 yr in the st 3 yrs with the same employer...the key here is cumulative.

No exceptions to this, ever...per your case, you did not work for the same employer for a yr outside US in last 3...so there is no way your L1 can be filed, I am not even sure how is your company suggesting it