Can I leave US when my L1A petition is in progress?

[get2arpit]

Dear All,

I have one question about L1A visa. Hope you know the details.

I currently have a valid i94 and my visa is already expired. My company is going to file for a Visa (L1B to L1A conversion soon.. In a week or so). However I might have to leave for India somewhere in January. Do you know what happens to my application if I have to leave USA in middle of the process? Do USCIS abandon the application and reject it?

[raghvi]

Dear All,

I have one question about L1A visa. Hope you know the details.

I currently have a valid i94 and my visa is already expired. My company is going to file for a Visa (L1B to L1A conversion soon.. In a week or so). However I might have to leave for India somewhere in January. Do you know what happens to my application if I have to leave USA in middle of the process? Do USCIS abandon the application and reject it?

As your visa has expired, you would need to go for fresh stamping in order to return back. Remember, once you leave US, the present I-94 ceases to have any relevance.

Generally its not advisable to mix travel and file a Change/Extension petition with USCIS simply because of the complications it can end up with. L1B to L1A is technically a Change of Status hence a COS will most likely will get abandoned but if L1A case is strong the petition will get approved as consular process.

If at all travel is really important then I would advise going ahead and file L1A as consular process in premium. This way you do not remain in uncertainty for long.

If approved, travel and then go for L1A stamping with that petition.
If denied, your L1B I-94 may still be valid then you can decide whether to travel or not.

This is my opinion not legal advice.

[get2arpit]

Thanks Raghvi for your response.

I understand that if I travel mid stream then my COS will most likely get abandoned. However if I file L1A as Consular Process, can someone who is a Tech resource moving into Management position qualifies for it?
My case is that, we were planning to file L1B to L1A as someone having Tech skills moving into Managerial role. Can you please advice if I were to take route of filing L1A as consular process, do I qualify?

Also we are planning to file it as premium. and this L1A filing as consular process can be initiated from USA...?

As your visa has expired, you would need to go for fresh stamping in order to return back. Remember, once you leave US, the present I-94 ceases to have any relevance.

Generally its not advisable to mix travel and file a Change/Extension petition with USCIS simply because of the complications it can end up with. L1B to L1A is technically a Change of Status hence a COS will most likely will get abandoned but if L1A case is strong the petition will get approved as consular process.

If at all travel is really important then I would advise going ahead and file L1A as consular process in premium. This way you do not remain in uncertainty for long.

If approved, travel and then go for L1A stamping with that petition.
If denied, your L1B I-94 may still be valid then you can decide whether to travel or not.

This is my opinion not legal advice.

[raghvi]

Yes L1B to L1A is possible, people get promoted , it happens all the time. If you have been promoted recently then you can potentially qualify.

In your case it can be initiated while in the US.

The only hurdle I see in premium processing in some of the cases is that the premium processing clock stops once RFE is raised, so if any RFE is raised you have to respond immediately otherwise you might have to delay your travel plans. As I believe you would want to schedule your L1A interview in India, before leaving US, in order to do that you need the approval notice, in order to get the approval notice you need to respond quickly and convincingly to RFE (if any).

This is my opinion not legal advice.

[get2arpit]

Ok I see what you are saying.
Is it possible to respond to RFE from India??

In your previous reply you said that COS might get likely get abandoned, however petition might still get approved.

So is the below scenario valid?

1. Submit L1B to L1A petition while in US.
2. Travel to India.
3. Respond to RFE if any and wait for position to get approved?

[raghvi]

Ok I see what you are saying.
Is it possible to respond to RFE from India??

In your previous reply you said that COS might get likely get abandoned, however petition might still get approved.

So is the below scenario valid?

1. Submit L1B to L1A petition while in US.
2. Travel to India.
3. Respond to RFE if any and wait for position to get approved?

Yes it is valid. But you may be looking at a 1-3 Month stay in India depending upon time you take for RFE response. Again we are assuming that there is an RFE.

This is my opinion not legal advice.