L1B to L1A

[DevopsExpert]

Hi team,

I am on an L1-B visa as part of an IT consulting organisation which expires in November'2014 and have been in the US since Dec 2011. After I came to the US, I got promoted to a 'Manager' designation in Sept 2012. However, even though I hold the designation, I am more of a 'specialist' person leading a DevOps/Infrastructure team at the client site. I report straight to the VP at the client site. Furthermore, as a Manager designation, I didnt work in India and have always been at the client site in the US with this designation.

With my visa expiring in Nov 2014, I was planning to go to India in mid-June to apply for a new L1-A visa (not an L1-B). if that doesnt work, I intend to come back to the US on my existing visa and apply for an L1-B extention.

My questions are -

- Am I eligible for a fresh L1-A visa petition applied from India? To be noted is that in the last 3 years, I didnt work in India (except for maybe a month every year) and have always been at the client site in the US as part of an L1-B visa.
- If that doesnt work, what would be a better option - to apply for an L1-B extention from the US? Or apply for an L1-B to L1-A petition amendment while in the US?
- My plan is to come back to the US on the basis of my existing L1-B visa, just in case the L1-A petition gets rejected. If that happens, would the visa authorities also revoke my existing L1-B, effectively leaving me stranded in India? Is this a risk?

Thanks!

[raghvi]

Hi team,

I am on an L1-B visa as part of an IT consulting organisation which expires in November'2014 and have been in the US since Dec 2011. After I came to the US, I got promoted to a 'Manager' designation in Sept 2012. However, even though I hold the designation, I am more of a 'specialist' person leading a DevOps/Infrastructure team at the client site. I report straight to the VP at the client site. Furthermore, as a Manager designation, I didnt work in India and have always been at the client site in the US with this designation.

With my visa expiring in Nov 2014, I was planning to go to India in mid-June to apply for a new L1-A visa (not an L1-B). if that doesnt work, I intend to come back to the US on my existing visa and apply for an L1-B extention.

My questions are -

- Am I eligible for a fresh L1-A visa petition applied from India? To be noted is that in the last 3 years, I didnt work in India (except for maybe a month every year) and have always been at the client site in the US as part of an L1-B visa.
- If that doesnt work, what would be a better option - to apply for an L1-B extention from the US? Or apply for an L1-B to L1-A petition amendment while in the US?
- My plan is to come back to the US on the basis of my existing L1-B visa, just in case the L1-A petition gets rejected. If that happens, would the visa authorities also revoke my existing L1-B, effectively leaving me stranded in India? Is this a risk?

Thanks!

Your employer should have applied for L1 petition amendment when you got promoted as Manager. Now if you seek L1B to L1A conversion USCIS will mostly likely question why that wasnt done at that time.

In order to be eligible for L1A you should have performed Managerial/Executive duties for at least 1 Year in India. And seems you havent done that either it would be difficult to move to L1A either in US or in India.

If L1A is not an option then going for fresh L1B stamping (if outside US) or going for L1B extension is in US is the possibility.

I would suggest you talk to your immigration as well as legal team to determine the options.

This is my opinion not legal advice.

[DevopsExpert]

Your employer should have applied for L1 petition amendment when you got promoted as Manager. Now if you seek L1B to L1A conversion USCIS will mostly likely question why that wasnt done at that time.

In order to be eligible for L1A you should have performed Managerial/Executive duties for at least 1 Year in India. And seems you havent done that either it would be difficult to move to L1A either in US or in India.

If L1A is not an option then going for fresh L1B stamping (if outside US) or going for L1B extension is in US is the possibility.

I would suggest you talk to your immigration as well as legal team to determine the options.

This is my opinion not legal advice.

Thank you!
However, could you help me with the last question - namely,
My plan is to come back to the US on the basis of my existing L1-B visa, just in case the L1-A petition gets rejected. If that happens, would the visa authorities also revoke my existing L1-B, effectively leaving me stranded in India? Is this a risk?

[raghvi]

Thank you!
However, could you help me with the last question - namely,
My plan is to come back to the US on the basis of my existing L1-B visa, just in case the L1-A petition gets rejected. If that happens, would the visa authorities also revoke my existing L1-B, effectively leaving me stranded in India? Is this a risk?

Yes it always is a risk. Or you could be put into Admin processing which could stretch beyond your existing L1B visa validity.

This is my opinion not legal advice.