L1A -> F1 -> L1A?

[Checkingitout]

I’ve spent 4 years in the US on an L1 visa. I worked for my employer abroad for almost 3 years prior to my L1 visa. My employer has submitted an I-480 which isn’t current yet.

I want to pursue a full time MBA for 1 year which would require me to move to F1 status. The MBA is classified as STEM. What are my options after MBA can I apply for a new L1A? What happens my I-480?

[ratedguy]

Are you in US currently? If yes, you can file for COS directly and continue.

If you leave your employer and go for Consular F1, you would still be eligible for L1A from the same employer considering 1yr in last 3yrs criteria.

[Checkingitout]

Yup in US currently, appreciate that I can do a change of status now but what happens at the end of the MBA? When does the 3 years start from? Is it the three years immediately prior to my first L1? How does the time on F1 impact that?

[ratedguy]

Since you are already in US, you wont be satisfying the criteria of working abroad for 1 year in last 3 years.

Search this memo on google, it gives an example -

Satisfying the L-1 1-Year Foreign Employment Requirement

-Not a legal advice.

[Checkingitout]

I know for an L1 renewal it’s the three years immediately prior to your entry but what I don’t know is how the the F1 impacts that.

[ratedguy]

The memo explains it clearly that F1 or Dependent visas dont qualify for 1yr in 3yr. On side note, which 1yr STEM MBA and university you are targetting?

[Checkingitout]

Tech MBA at Cornell.

What would happen my I-140? Would that die or could I still use that when it became current?

[ratedguy]

Your employer may revoke I-140 but if its already 180+ days of its approval, you can later on port your I-140 to new employer retaining your existing Priority Date (PD)