L1 A petition for new visa.-- PLEASE REPLY TO THIS POST

[ipksingh]

Hi,

I had query on the L1-A Visa. I have been working in the US from Oct 2013. I came here on L1B Visa which was valid till end of Nov 2013. My current I94 is valid till Oct 2016. Since i am on I94, i have not travelled to India till now as i would have to then apply visa from India, for which I am not prepared in case if it gets rejected or delayed then I would be really stuck. I am planning to apply for L1A visa from the US as I am on Managerial position. My company is a fortune 500 company. I want to know the following:-

1) Though I am in Managerial role, my job descritpion is such that we are consulted by our audit engagement teams on certain special matters. I work with the partners and principals directly and do not have any staff under me. However, the nature of the work is critical as we are being consulted upon by our engagement teams when they need us. We review the work of the engagement team as and when they consult us. Would I fit in the definition of managerial role for L1-A visa?

2) If I go ahead and apply for it, and supposed that it gets rejected, what would be the impact on my existing stay in USA based on my existing I94?

3) When would i be able to apply for fresh visa if L1-A gets rejected?

4) What are the chances of it coming under the RFE category (Require further information category) and if it does what information do they generally require?

5) Is there any other alternative available to me apart from L1-A?

Thanks.

[raghvi]

Hi,

I had query on the L1-A Visa. I have been working in the US from Oct 2013. I came here on L1B Visa which was valid till end of Nov 2013. My current I94 is valid till Oct 2016. Since i am on I94, i have not travelled to India till now as i would have to then apply visa from India, for which I am not prepared in case if it gets rejected or delayed then I would be really stuck. I am planning to apply for L1A visa from the US as I am on Managerial position. My company is a fortune 500 company. I want to know the following:-

1) Though I am in Managerial role, my job descritpion is such that we are consulted by our audit engagement teams on certain special matters. I work with the partners and principals directly and do not have any staff under me. However, the nature of the work is critical as we are being consulted upon by our engagement teams when they need us. We review the work of the engagement team as and when they consult us. Would I fit in the definition of managerial role for L1-A visa?

2) If I go ahead and apply for it, and supposed that it gets rejected, what would be the impact on my existing stay in USA based on my existing I94?

3) When would i be able to apply for fresh visa if L1-A gets rejected?

4) What are the chances of it coming under the RFE category (Require further information category) and if it does what information do they generally require?

5) Is there any other alternative available to me apart from L1-A?

Thanks.

1. Your attorney is in the best position to determine that as he/she has all the documents with them to determine if at all you do qualify for L1A. If required, talk to an independent attorney too.
2. If L1A rejected, in most likelihood your current I-94 would still be valid.
3. When the underlying cause of rejection in first place is resolved.
4. Again RFE chances depend upon how strong your case is. Check the draft RFE template, it should give you an idea as to what can be expected in RFE, if any, further, you can also use it as a guideline to provide documents with initial application http://www.uscis.gov/sites/default/f...1A_manexec.pdf
5, Moving to H1 is also an option. Convincing your employer to invest into an H1 is part of the challenge, as one can "transfer" an H1, not a L1, and they may see it as a risk that once on h1 you might leave them. Your employer can apply H1 in April 2015, and if not approved, again in April 2016.

This is my opinion not legal advice.