H1B valid visa and playing Managerial responsibilities .. H1B or L1A ?

[kvt]

Hi,

While on H1B, On Nov 2012, I joined Company A (Direct Client Full Time) in USA as Sr Apps Developer (100% Technical role).
On March 2013, i came to India and got my Visa Stamped. Visa is valid till Nov, 2015.
In Jan 2014, Due to personal reason, i resigned from Company A and came back to India.

In India, I joined Company B in Feb 2014.
I was offered a Sr Role with 60% Manager Responsibilities and 40% Technical Role. In this role, along with Technical responsibilities, I have Resource and Team management responsibilities which includes conducting interviews, approving leaves and resource annual appraisal.

Now we have a immediate requirement at client location (US). Since i have an Approved Visa, Company B wants to me travel after H1B transfer from Company A.

I already spend 4 years on H1B before returning India, so I only have 2 more years left on it.
Since i am already playing managerial responsibilities for the last 18 months, I would like to think about H1B --> L1A --> EB1 Green card route.

Need Immigration advise on below items, so that i can take a decision and pursue my management with some concrete info.

1. am i eligible to apply L1A India ?
if Yes,
a. How long does the petition process takes times
b. can we apply under L1A Blanket ?
c. what is the cost of new L1A petition process when compared to H1B transfer cost
d. are there any premium processing available for L1A
e. are there any past cases who got RFEs while H1B to L1A transfer
f. does existing H1B visa has any impact on L1A petition process
g. does applying for L1A petition now, has any impact on H1B transfer in future

If L1A Approved
a. To travel to US, with approved L1A Petition, can i legally use valid H1B on my passport or do i need to go for visa stamping.
b. on L1A Visa, i know i can stay for a max of 5 years.. does my earlier 4 years of stay on H1B counts towards it now ? Note i spent 16 months outside USA

If L1A not approved
a. does the same company (Company B) apply for H1B Transfer under premium processing after L1A Rejection?

After arriving US on H1B, can Company B apply for L1A through COS
if Yes and petition approved
a. do i need to go back to my home country and get stamped before start working on L1A ?
b. does my stay on H1B visa count towards L1A's 5 year tenure ?

if not approved or not applied
a. since i spent more than 12 months outside US and working for same company and played managerial responsibilities, am i allowed to apply under EB1 category while on H1B.


Your time and assistance is greatly appreciated.

Thanks

[shervin143]

1. am i eligible to apply L1A India ?
>>> I personally I do not think so. But, you can certainly give it a try. Just a little bit of experience as a manager doesn't make you qualify for L1A. L1A is for executives and senior manager level candidates. There will be a lot of scrutinity when applied on L1A. That is almost equalavent to someone who had completed their Phd.

if Yes,
a. How long does the petition process takes times
>>> 2-3 months by normal process and 15 days by premium.

b. can we apply under L1A Blanket ?
>>> If your employer is qualified and has a blanket petition, then YES.

c. what is the cost of new L1A petition process when compared to H1B transfer cost
>>> They are pretty much the same. Go through the below link. Check all the links that are relevant on the right.

https://www.immihelp.com/l1-visa-stamping-documents/

d. are there any premium processing available for L1A
>>> Yes.

e. are there any past cases who got RFEs while H1B to L1A transfer
>>> There is no such thing as H1B to L1A transfer.

f. does existing H1B visa has any impact on L1A petition process
>>> Nope.

g. does applying for L1A petition now, has any impact on H1B transfer in future
>>> Nope.

If L1A Approved
a. To travel to US, with approved L1A Petition, can i legally use valid H1B on my passport or do i need to go for visa stamping.
>>> L1 and H1B are two different categories of visas. If you travel to U.S using your L1 petition, then you need a valid L1 visa stamped in your passport.

b. on L1A Visa, i know i can stay for a max of 5 years..
>>> L1B is 5 years. L1A is 7 years. L1 + H1B combined in 6 years. In your case, since you were already on H1B, if you secure L1A, then you can stay for 6 years.

does my earlier 4 years of stay on H1B counts towards it now ? Note i spent 16 months outside USA
>>> Yes. L1 + H1B = 6 years.

If L1A not approved
a. does the same company (Company B) apply for H1B Transfer under premium processing after L1A Rejection?
>>> Yes.

After arriving US on H1B, can Company B apply for L1A through COS
>>> Possible.

if Yes and petition approved
a. do i need to go back to my home country and get stamped before start working on L1A ?
>>> Not of the L1A gets approved as a COS (with a new I-94).

b. does my stay on H1B visa count towards L1A's 5 year tenure ?
>>> Yes. L1 + H1b = 6 years.

if not approved or not applied
a. since i spent more than 12 months outside US and working for same company and played managerial responsibilities, am i allowed to apply under EB1 category while on H1B.
>>> Nope.