Change of Status - L1B - L1A

[hifolks]

Hi Guys,

My L1B Visa expired few months back and i have a valid I-94 until 2014.

- Am i eligible to file for Change of Status from L1B to L1A?
- What happens to my current status if my L1A petion is denied.?
- can i stay in US with my current I-94 if petion denied?
- Will i get a new I-94 card if petition got approved?
- Do i have to go back to my home country immediately for stamping if petition approved??

[shervin143]

- Am i eligible to file for Change of Status from L1B to L1A?
>>> It is hard to comment whether you are eligible for L1A or not without knowing anything about you. In general a COS from L1B to L1A is possible.

- What happens to my current status if my L1A petion is denied.?
>>> You will remain to be in L1B until the L1B I-94 remains valid unless USCIS specifically mentions in the rejection that you should leave.

- can i stay in US with my current I-94 if petion denied?
>>> Read the above answer.

- Will i get a new I-94 card if petition got approved?
>>> If you maintain your L1B status and if you don't leave the country when the application is getting processed, then YES.

- Do i have to go back to my home country immediately for stamping if petition approved??
>>> Not required. If the petition gets approved with a new I-94, then you will automatically be in L1A. If it gets approved without a new I-94, you will be in L1B and can go and get the L1A stamped later before the current L1B I-94 expires.

[hifolks]

Thanks Shervin for the response.It really helped.

I have another question:
I am in the US for last 3 yrs.....file fresh L1A petition from my Home country or Change of status from L1B to L1A.
- Which one is the best option for L1A??
- Whats difference & benifits between applying new one and change of status from L1B??

[shervin143]

It doesn't really matter. If you do not have plans to leave U.S, then file the COS from L1B to L1A. Otherwise file it for consular process.

[hifolks]

Hi Shervin,

My change of status (from L1B -L1A ) is pending with USCIS,(i am currently on L1B I 94)

- Is it advisable to travel outside of US at this moment??
- What are all the implications if i travel?
- Does it impact my L1A petition?

Rgds,