L1b to L1a

[rose2000]

Hi

I have been working on L1B visa from Feb 2009..my visa got extended on oct 2010..and i again i have to do another extension before oct 2012..My employer told me to file for L1A this time(before oct 2012).. But I heard that I should work for 1 year outside US in the preceding 3years to be qualified for L1A visa..But in my case I was working in the US since Feb 2009..is it necessary to work outside US for a year??..

Appreciste any help..Thanks

[raghvi]

The requirement for 1 years is if you are filing for L1A while outside US. Your employer can file for L1B to L1A while you are in US but for that to happen the documents would have to demonstrate a substantial change in your work profile and responsibilties to justify L1A as L1A is for executives and Managers. These days L1B and L1A are very difficult to get I would suggest you seek help from experienced attorney to justify your claim. This is my opinion.

[rose2000]

Thanks

[rose2000]

Hi

I have been working on L1B visa from Feb 2009..my visa got extended on oct 2010..and i again have to do another extension before oct 2012..My employer told me to file for L1A this time(before oct 2012).. And we did file under premium proccessing..But i received an rfe on 27th june 2012..

My employer has given me 2 options..

1. Go to Canada and file for a blanket L1.
OR
2. reply to rfe and wait for the result.


Now I have 2 questions..

1. If I go to Canada and file for blanket L1 and in case it gets denied..Will my current visa be cancelled along with it??(Current Visa and I94 expiry on Oct 3rd 2012.)

2. If I reply for rfe within 3 weeks ( ie. by 3rd week of july 2012)and it gets denied, will i have enough time to go to Canada for blanket L1??

Thanks
Appreciate any response..

[shervin143]

1. If I go to Canada and file for blanket L1 and in case it gets denied..Will my current visa be cancelled along with it??(Current Visa and I94 expiry on Oct 3rd 2012.)
>>> Very much possible.

2. If I reply for rfe within 3 weeks ( ie. by 3rd week of july 2012)and it gets denied, will i have enough time to go to Canada for blanket L1??
>>> Yes. Once they receive the documents for the RFE, they will respond back in 15 days. As long as you don't overstay beyond your current I-94 expiry date, you are good.