L1B to L1A Conversion

[kumar110580]

Currently I am on L1B and completing 5 years on 15-sep-2012.

I have already applied for L1B to L1A conversion and waiting for the response from USCIS.

1. If I get RFE, I am planning to withdraw my case. Then return to india for applying a fresh L1A petition. Can i do this?

2. Once my fresh L1A petition gets approved, Can i go for stamping in india immediately?
If i get visa,
Can I stay in india for one year and come to US next year? Here i would have spent 1 year outside and i can start fresh 7 years after that.
Once i come to US, can i apply for L1A extension ?

[raghvi]

Currently I am on L1B and completing 5 years on 15-sep-2012.

I have already applied for L1B to L1A conversion and waiting for the response from USCIS.

1. If I get RFE, I am planning to withdraw my case. Then return to india for applying a fresh L1A petition. Can i do this?

2. Once my fresh L1A petition gets approved, Can i go for stamping in india immediately?
If i get visa,
Can I stay in india for one year and come to US next year? Here i would have spent 1 year outside and i can start fresh 7 years after that.
Once i come to US, can i apply for L1A extension ?

1. YES.
2. YES
3. If you get the visa , in most likelihood you will get it only for 2 Years as L1B+L1A is only for 7 Years. If you apply a new L1A petition after completing 1 Year in India then you might get fresh 7 Years L1A. Also, L1A are pretty difficult to come by nowadays.

You should leave by 15-Sep-2012, keep an option of filing H1 in 2013 Quota, so that you if you are approved you can come for 6 Years from 01-Oct-2013 as you would have already spent 1 Year outside US, from 15-Sep-2012 till 15-Sep-2013. This is my opinion not legal advice.

[kumar110580]

@raghvi - Thanks for your response.

I am planning to leave by 15-sep-2012 and i am planning to change my employer in india sometime in november'12.
Can my new employer apply my new H1B in April'13 (2013 Quota), so that i can go for stamping after 1st oct'13 ?
Do we have any USCIS rule that i should file H1B petition after completing 1 year in india?

[eham]

Query Regarding L1B to L1A conversion

Is it possible to file L1A petition while on L1B in US? Is there any law saying the person need to exit US for 1 year and then apply for L1A?

TIG

[raghvi]

Yes one can. There are numerous cases where in a person upon being promoted while on L1B and his organization files a L1A petition for him/her. The advantage of spending one year outside US is you can potentially get 7 Years instead of only 7 Minus time already spent in L1B status. And secondly you can build a stronger case for EB1 GC if you have spent 1 Year outside US in a Manager/Executive capacity.

This is my opinion not legal advice.