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Help -Mgr, 1+ yr - Applied for L1A, approved L1B, is it possible or clerical Mistake?

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  • Help -Mgr, 1+ yr - Applied for L1A, approved L1B, is it possible or clerical Mistake?

    1. My company applied for Blanket L1A for me. I am Manager for more than 1+ yrs managerial experience. I satisfy all the criterion for L1A without any doubt. In fact, I dont qualify for L1B.
    2. This is my interview (relevant part)
    Me - Applying for L1A
    VO - Oh, it says L1B, may be by mistake they put L1B.
    VO - Let me clarify - He goes and talk to folks in the background

    VO, Comes back and approves L1B, after discussion.

    3. My Questions
    a. Can it happen that on the application of L1A they approve L1B? Is it common?
    b. Can it happen that there could be a clerical mistake from one of the counters at Consulate or while filing my petition?
    c. What should be my next step? Should I ask my lawyer to file a petition to get it corrected?

    Any Pointers would help.

  • #2
    Originally posted by Envy View Post
    1. My company applied for Blanket L1A for me. I am Manager for more than 1+ yrs managerial experience. I satisfy all the criterion for L1A without any doubt. In fact, I dont qualify for L1B.
    2. This is my interview (relevant part)
    Me - Applying for L1A
    VO - Oh, it says L1B, may be by mistake they put L1B.
    VO - Let me clarify - He goes and talk to folks in the background

    VO, Comes back and approves L1B, after discussion.

    3. My Questions
    a. Can it happen that on the application of L1A they approve L1B? Is it common?
    b. Can it happen that there could be a clerical mistake from one of the counters at Consulate or while filing my petition?
    c. What should be my next step? Should I ask my lawyer to file a petition to get it corrected?

    Any Pointers would help.

    Yes, you should get it corrected.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      Yes, you should get it corrected.

      This is my opinion not legal advice.
      ''

      Thanks for helping me out on this and the other related question. Who will correct it and how to proceed? I am still not fly into US and have four weeks. Should I get this issue resolved before I enter US or should I enter US on L1B and then coordinate with company's lawyers.

      Comment


      • #4
        Originally posted by Envy View Post
        ''

        Thanks for helping me out on this and the other related question. Who will correct it and how to proceed? I am still not fly into US and have four weeks. Should I get this issue resolved before I enter US or should I enter US on L1B and then coordinate with company's lawyers.
        As in your other post...you have to discuss with the lawyers if they believe your job description and responsibilities are the ones of a manager. If your company assessed your role and they believe it was L1B, so it is. First solve the issues internally - you should read your application and the company letter had a clear message if they were asking for L1A or L1B (usually you should know the content of your application very well before going for your interview). If your company is asking for L1B, that is the info your lawyer will use. What is in your company`s letter?

        Only after understanding your role and responsibilities you will be able to ask for the right visa. If you want to change it, do it before coming to US so you can get the right status. And, looks like you are not worried at all with your visa but with a future Green Card - reading your previous post. Even coming with L1B visa, they can still apply for Eb1C - this will be a new process and they will review your case again and again...just be sure you fully meet the L1A and go for it...if approved, you have it but needs to prove all again for the Green Card.

        And, of course, is the company willing to sponsor you in the near future? Think about that. You have a long way to move, work, and show the value of your work before being excessive worried with a Green Card. And, you may not like but some companies will not sponsor a EB1 but EB2 instead for retention...read other posts here and you will see that. So, even having a L1A, they may not choose the way most attractive to you...unfortunately these are things that you can`t control.

        Comment

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