H4 to L1A COS

[neesha_lim]

Hello,

I have completed 5 years in US on L1B. 2 months out of these 5 years were in India on vacation. Stayed in India for 4 months after the L1B expired and came back to US on H4. My questions

1) My company is ready to apply for L1A. I have already worked as Manager on L1B. Do I qualify for L1A ?
2) Can the COS be done from US or should I go back to India and get the stamping
3) What are the chances of rejections in India

[raghvi]

Hello,

I have completed 5 years in US on L1B. 2 months out of these 5 years were in India on vacation. Stayed in India for 4 months after the L1B expired and came back to US on H4. My questions

1) My company is ready to apply for L1A. I have already worked as Manager on L1B. Do I qualify for L1A ?
2) Can the COS be done from US or should I go back to India and get the stamping
3) What are the chances of rejections in India

Are you currently working for the company? Technically it is possible to file for H4 to L1A COS without the need to go to India, but in my opinion you are eligible for only 2 Years on L1A as you have already completed 5 years on L1B (as L1A, L1B + L1A is only for 7 Years), and you havent been outside US for 1 full year. Also, having worked as a manager by itself is not enough for qualifying for L1A there are many more criteria. if your company hires a good lawyer it might be possible. This is my opinion not legal advice.

[rvisak]

Hello,

I have completed 5 years in US on L1B. 2 months out of these 5 years were in India on vacation. Stayed in India for 4 months after the L1B expired and came back to US on H4. My questions

1) My company is ready to apply for L1A. I have already worked as Manager on L1B. Do I qualify for L1A ?
2) Can the COS be done from US or should I go back to India and get the stamping
3) What are the chances of rejections in India

For a L visa you have to be employed with the company. For L1A for example; you need to be employed outside US in a managerial capacity and should be moving to US to perform Managerial duties. Are you still on the payrolls of the company (even if India), since you mentioned you are on H4 ? If yes, they can file the COS IMO