Visa Expired, Valid I94 till August'2015, L1B to L1A conversion

[prashna_79]

hi,

Thanks for your attention. My L1B visa has expired two days back but I've a valid I94 till Aug'2015. Now my company is thinking of applying L1A for me while I'm in the US. Is it still possible?
what is the probability? Please note i've completed 4 years with L1B already.

Thanks.

[raghvi]

hi,

Thanks for your attention. My L1B visa has expired two days back but I've a valid I94 till Aug'2015. Now my company is thinking of applying L1A for me while I'm in the US. Is it still possible?
what is the probability? Please note i've completed 4 years with L1B already.

Thanks.

Are you already performing a Management/Executive role? Were you promoted while in US?

There are few catches, if you were promoted in the past, USCIS can always come back and ask why the L1B to L1A was not filed as soon as you got promoted. If you were promoted fairly recently you would have to provide the respective evidence. Also, there is a clause that the L1B to L1A has to be applied within 6 Months of L1B expiry, but its generally applicable to those completing 5 Years, not 4 Years.

I would suggest you discuss with your attorney and ascertain the feasibility.

This is my opinion not legal advice.