L1A Processing Impact - Urgent Help Needed

[sourabh.pd]

Hi All/Moderators

I am sorry if this may sound like a little confusing question, but nevertheless I need some expert guidance, so here it goes :

History : I hold a B1[extensively used with 6-7 trips in last three years and prior] and a recently issued H4[was in US for ~5 months] and returned to India in Aug 2016 and presently there. Attempted unsuccessfully L1B Blanket in 2013 and 2011 and same fate with three consecutive attempts with H1B due to lottery rejection.

Need : Now, I am planning to initiate a L1A Blanket since I am in such role in my current company in next couple of months but I am stuck as I am planning to make a B1 trip in October 2016 for 2-3 weeks and there on another ~month or so in December 2016 on H4, the question I have is - Can I go ahead with these trips and in parallel initiate the L1A, somewhere in November 2016 or even in January/February 2017 after my H4 trip return? Kindly advise.

Technically, from an immigration procedure standpoint, my understanding is that above shouldnt impact L1A processing since each Visa is a different thing but at times Consulate/VO can take things perceptional, as a result deny L1A with so many recent travels in various Visas. Thank you in Advance and really appreciate the help.

- S

[sourabh.pd]

Anyone, pls suggest.

[sourabh.pd]

Hi Moderators/Seniors Members,

Kindly advise, this is urgent!!

-S

[Trinity71]

Hi All/Moderators

I am sorry if this may sound like a little confusing question, but nevertheless I need some expert guidance, so here it goes :

History : I hold a B1[extensively used with 6-7 trips in last three years and prior] and a recently issued H4[was in US for ~5 months] and returned to India in Aug 2016 and presently there. Attempted unsuccessfully L1B Blanket in 2013 and 2011 and same fate with three consecutive attempts with H1B due to lottery rejection.

Need : Now, I am planning to initiate a L1A Blanket since I am in such role in my current company in next couple of months but I am stuck as I am planning to make a B1 trip in October 2016 for 2-3 weeks and there on another ~month or so in December 2016 on H4, the question I have is - Can I go ahead with these trips and in parallel initiate the L1A, somewhere in November 2016 or even in January/February 2017 after my H4 trip return? Kindly advise.

Technically, from an immigration procedure standpoint, my understanding is that above shouldnt impact L1A processing since each Visa is a different thing but at times Consulate/VO can take things perceptional, as a result deny L1A with so many recent travels in various Visas. Thank you in Advance and really appreciate the help.

- S

You cannot have a an H4 and an L1 at the same time. If you are approved for an L1 blanket visa it will revoke your H4. The B1 will have no effect on either.

This is my opinion and not legal advice. Use of this information is strictly at your own risk.

Trinity71

[sourabh.pd]

Thank you for your response but I am yet to apply for L1 and at the moment just trying to understand that consecutive short travels on b1 followed by h4 will impact L1 decision making? Thanks for the help again.

[raghvi]

Hi All/Moderators

I am sorry if this may sound like a little confusing question, but nevertheless I need some expert guidance, so here it goes :

History : I hold a B1[extensively used with 6-7 trips in last three years and prior] and a recently issued H4[was in US for ~5 months] and returned to India in Aug 2016 and presently there. Attempted unsuccessfully L1B Blanket in 2013 and 2011 and same fate with three consecutive attempts with H1B due to lottery rejection.

Need : Now, I am planning to initiate a L1A Blanket since I am in such role in my current company in next couple of months but I am stuck as I am planning to make a B1 trip in October 2016 for 2-3 weeks and there on another ~month or so in December 2016 on H4, the question I have is - Can I go ahead with these trips and in parallel initiate the L1A, somewhere in November 2016 or even in January/February 2017 after my H4 trip return? Kindly advise.

Technically, from an immigration procedure standpoint, my understanding is that above shouldnt impact L1A processing since each Visa is a different thing but at times Consulate/VO can take things perceptional, as a result deny L1A with so many recent travels in various Visas. Thank you in Advance and really appreciate the help.

- S

Would you be able to prove continuous 1 year stay outside US in last 3 years and working for your L1 employer continuously?

[sourabh.pd]

Can prove employment but not continuous stay outside US since I was there between Mar and Aug 2016 on H4.

[raghvi]

Can prove employment but not continuous stay outside US since I was there between Mar and Aug 2016 on H4.

Unless you have an EAD you cannot be employed while on H4.

This is my opinion not legal advice.

[sourabh.pd]

Thanks Raghvi and my apologies if I confused you.

But my question is - Will a preceding B1 and H4 Travel impact L1A Decision..i.e. I am planning to travel on B1 in Oct for 2-3 weeks followed by a H4 trip for 3-4 weeks in Dec-Jan and thereon post my return I will apply for L1A. Will it cause any issues with the L1A decision, pls advise.

Unless you have an EAD you cannot be employed while on H4.

This is my opinion not legal advice.

[raghvi]

Thanks Raghvi and my apologies if I confused you.

But my question is - Will a preceding B1 and H4 Travel impact L1A Decision..i.e. I am planning to travel on B1 in Oct for 2-3 weeks followed by a H4 trip for 3-4 weeks in Dec-Jan and thereon post my return I will apply for L1A. Will it cause any issues with the L1A decision, pls advise.

The point that I was trying to make is that if you can prove that you have been employed and paid for at least 1 Year continuously in last 3 Years then you are good, but if you were on H4 in US during those 12 months then you should not have got paid as that would have violated the H4 regulations. This is the reason it is recommended not to travel at all to US be it on B1 or H4 or any other visa for at least 12 Months continuously if at all one is planning to file L1 visa.

This is my opinion not legal advice.