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  • L1B to L1A Visa Processing

    Hello,

    My question is on L1A Visa processing. Currently I'm on L1B visa and it is expiring on 2-Sep-2012. MY company saying that H1B and L1B visa can not be done. Also L1A can not be done and too risky. I need your guidance to process my VISA further ( L1A or GC) and should be able to stay after 2-Sep-2012.

    I got the following reasons.

    1.You were first in H-1B- then changed to L-1B - since 2004 with about 19 months spent outside over the past 8 years. If you are currently in L-1B, your 5 years total HAVE LONG been finished. (Have to count periods of H and L together);
    2.What has happened is that you had finished 4 years on H-1B (2004-2008); Was out in india for 11 months & NOT 12months; Went for an L-1 Blanket Visa after 11 months and the officer granted it for 3 years. Your I-94 was also granted for 3 years. (all this in DOS/DHS error!); As a result- instead of staying a max of 5 years PLUS recaptured time spent outside, you had been in for over 6 & 1/2 years already.
    3.You cannot get more time in H and also cannot get more time in L-1B.

    My entry and exit dates are

    Entry into U.S. Exit out of U.S. H/L status
    05/28/2004 06/18/2005 H1B
    07/16/2005 08/07/2005 H1B
    09/03/2005 01/12/2007 H1B
    02/11/2007 11/20/2007 H1B
    12/20/2007 10/05/2008 H1B
    09/07/2009 05/07/2010 L1B
    05/30/2010 05/13/2011 L1B
    06/13/2011 09/15/2011 L1B
    10/30/2011 02/10/2012 L1B
    03/16/2012 N/A L1B

  • #2
    You seem to have figured out everything. So what exactly is your question? H1B + L1 in total is for 6 years. If you have overstayed beyond the 6 year limit in the combined H1B + L1 status, then you are not eligible for L1A. Also, you will be considered to be violated the H1B + L1 regulation.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      You are right Shervin but I'm looking for usage of 11 months stay outside. Currently that is one of the major hurdle in L1A processing.

      Many thanks for your reply.
      Last edited by maneshparmar; 05-11-2012, 06:38 PM.

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      • #4
        Originally posted by maneshparmar View Post
        You are right Shervin but I'm looking for usage of 11 months stay outside. Currently that is one of the major hurdle in L1A processing.

        Many thanks for your reply.
        Even with accounting for the 11 mths period; you have still overstayed beyond 5 years - instead of staying 5 yrs and 11 mths (assuming you would have got the benefit for the time spent outside) you have stayed for 6.5 years...as Shervin said you have flouted the laws so it won't be possible for your company to file your conversion

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