L1B to L1A COS

[supra]

Hello All,

I am currently on L1B status and my i-94 an L1B expires(max out 5 years) on March 2015. I have stayed approximately 3 months out of US while I was on L1B.
I am in managerial position for past 4 months but nothing have been notified to USCIS.

If I understand the L1B to L1A COS correctly, COS had to applied at least 6 months before my 5 Years in US expires. By that rule do I have till October 2014 (considering my 3 months out of US) to file for COS or I must file COS by end September 2014 ?


-
Many Thanks
Supra

[raghvi]

Hello All,

I am currently on L1B status and my i-94 an L1B expires(max out 5 years) on March 2015. I have stayed approximately 3 months out of US while I was on L1B.
I am in managerial position for past 4 months but nothing have been notified to USCIS.

If I understand the L1B to L1A COS correctly, COS had to applied at least 6 months before my 5 Years in US expires. By that rule do I have till October 2014 (considering my 3 months out of US) to file for COS or I must file COS by end September 2014 ?


-
Many Thanks
Supra

One should notify as soon as promotion is granted. Also, the 3 Months out of US would be applicable only if recapture is applied and granted. I would say you get the L1B to L1A applied as soon as possible without any delays and talk to a good attorney if possible as L1B to L1A is takes considerable paperwork and your case seems to be complex with recapture possibility.

This is my opinion not legal advice.

[supra]

One should notify as soon as promotion is granted. Also, the 3 Months out of US would be applicable only if recapture is applied and granted. I would say you get the L1B to L1A applied as soon as possible without any delays and talk to a good attorney if possible as L1B to L1A is takes considerable paperwork and your case seems to be complex with recapture possibility.

This is my opinion not legal advice.

Thanks Raghvi,

COS will be applied by my company attorney so I don't have a choice their for separate attorney.I'll ask them for COS with premium processing.
Also what would you suggest me to mention in L1A cos petition about my managerial position, should I mention that I started in this position 4 months earlier or have recently started in managerial position. Which of the two would make better case.

[raghvi]

I believe you should not lie about the fact that you got promoted to 4 Months back. After all, its been only 4 Months, but again would re iterate that you should get the company lawyer to file it ASAP.

This is my opinion not legal advice.

[supra]

I believe you should not lie about the fact that you got promoted to 4 Months back. After all, its been only 4 Months, but again would re iterate that you should get the company lawyer to file it ASAP.

This is my opinion not legal advice.

Thanks raghvi you are very helpful really appreciate your help.

My L1A COS is forwarded to my HR team for internal approval, once approved it would be filed in premium processing.
As per initial word from them my COS will be filed to USCIS by end of Oct or mid Nov, as they already have quite some L1A(fresh+COS) in queue and they can file only limited numbers of L1A(fresh/cos) month-by-month.
Understood that my COS should be filed asap, but based on given situation in hand would it make my case weak if it's filled on mid Nov'14 ~4 months remaining to 5 years without recapture. If I add recapture months(~3) from mid Nov, I have ~7 months to max 5years.

Also do you provide legal advise outside this forum(or know someone) ? I might need your help in figuring out key points for COS petition.

-
Thanks
Supra

[raghvi]

Thanks raghvi you are very helpful really appreciate your help.

My L1A COS is forwarded to my HR team for internal approval, once approved it would be filed in premium processing.
As per initial word from them my COS will be filed to USCIS by end of Oct or mid Nov, as they already have quite some L1A(fresh+COS) in queue and they can file only limited numbers of L1A(fresh/cos) month-by-month.
Understood that my COS should be filed asap, but based on given situation in hand would it make my case weak if it's filled on mid Nov'14 ~4 months remaining to 5 years without recapture. If I add recapture months(~3) from mid Nov, I have ~7 months to max 5years.

Also do you provide legal advise outside this forum(or know someone) ? I might need your help in figuring out key points for COS petition.

-
Thanks
Supra

Limited number of L1A is your internal company restriction not USCIS's. USCIS goes by its own rules rather than individual company's. With that said, it would be too preposterous to assume that something will go wrong. Its not possible to get into the head of the officer looking into your case. Filing too close to expiry always has risk , good thing is your employer would be filing it in premium.

I cant point to a particular legal firm, but as with most of the searches, start with Google, read reviews, preferably any known feedback. L1B to L1A is not one of the easiest ones out there simply because of the bulk of the documentation , and USCIS's scrutiny around it due to misuse in the past.

All the best.

This is my opinion not legal advice.