First time L1b stamping (H4 to L1b) in Canada

[ric]

Hi,

I am currently on H4. My company is sponsoring my L1b and asking me to go to Vancouver, Canada for the visa stamping. I do not have a US/ Canada degree nor do I have US/Canada work experience. My work ex with the company is that of more than 4+ years all in India. Is it advisable to got to Canada for the visa stamping. Practically this will be my first time L1b visa stamping. Any help is highly appreciated.

Thanks

This information is very urgent and please help me with valuable suggestions.

[raghvi]

First time L1b stamping (H4 to L1b) in Canada

If I have understood it correctly, you are currently on H4, have worked for the employer previously in India for 4 Years, resigned, cam on H4 to US , again assuming you have worked for them for at least 1 Year in the last 3 Years, and your company qualifies for L1B, then you are eligible for L1 . As for stamping in Canada, please check with company attorney, I dont think there is any requirement for one to get stamping done only from home country, but VO might certainly be interested in knowing why the company didn't file for L1 while you were working for them in India. This is my opinion, please do seek expert and legal help too.

[ric]

Thanks a lot Raghvi.

I didnot resign but instead took leave and came to US. Now my company is ready to sponsor my L1b and so the question came. I am a bit nervous because i read a few posts wherein it was mentioned that thee is a higher probability that the visa nay be rejected if you do not have US education or work ex. Is this a rumour?

[raghvi]

First time L1b stamping (H4 to L1b) in Canada

As far as my knowledge goes there is no requirement for a US education for L1B. L1 is for intra- company transfer of employees working at overseas subsidiary to come US subsidiary of the company to perform, managerial, executive or specialized services. The onus lies on the documentation, and the individual to prove that he or she has the requisite skill set which are unique to the growth of the business or imperative to the project. For example, the VO might question you that if you were so critical for the company why they allowed to go on leave in the first place etc. Most of the rejections off late has been around the point that VOs are not convinced enough that the person has specialized knowledge. Again, every case is different, I would recommend that you discuss with the legal team to prepare a strong case, and also to have a backup plan in case the L1 stamping gets rejected or a RFE is filed. You can always come back on H4 to US. This is my opinion, please do seek immigration experts help too.

[ric]

Thanks for the information raghvi. It is really helpful.
My attorney is suggesting me to go to Canada for the same. I have a question regarding the success rate of cases such as mine where there is no US education/US work ex. However, a very good 4+ years of experience with a big multi national company.

[raghvi]

First time L1b stamping (H4 to L1b) in Canada

There is practically nil data available as to success rates of L1B stamping in Canada. Off late in India the success rate has been pretty dismal. That may be a reason for your attorney advising you to go to Canada. Do check with the Canadian consulate if they will entertain your visa interview request or not. Not to dishearten you but in my experience for overall 4 Years experience L1B stamping in India has been pretty low. Hence request you to work closely with the attorney to prepare a strong case. This is my opinion, not legal advice, for that your attorney is the best person.