Frequently Asked Questions - L-1A Visa

L-1A to EB-1
I am on L-1A (been about 4 years) from company A and in closing stages of getting a very good offer from company B. Both A & B are global corporations. For company A, I oversee business across continents (Both North America & Latin America). Company B is very keen on having me on board. 1. What are all the possible options on visa front so that I can join company B? 2. What is the quickest option that can help me get on to company B? 3. If I want GC, can company B file for it when am still on payroll of company A - if so, can it be EB-1?

Since A and B are not related, H-1B is the only obvious option to join B. B can start your green card even before you join, but it will not be EB1 (international manager/exec.).

L-1A Visa and Green Card Application
What is the chance for a L-1A visa holder of 9 years experience (2 years in USA) to qualify for a EB-1 category. Catch here is the original company which provided the L-1A visa will not apply for GC. Can I apply for GC myself in EB-1 category?

You or any company not a part of the L-1A employer cannot apply for green card based upon your international manager/executive status.

 

L-1 A to Greencard
I work for company A for the last 7 years. I have been a manager with the same company for 5+ years. I am now in US for past 1 year on L-1 A Blanket visa. My current employer is not agreeing to file my GC. Some one told me that the scenario listed below is possible. Scenario: Identify a new employer who is ready to sponsor my GC. Since GC is about future permanent employment, that employer can directly file my EB1. I can join the new employer once my EAD comes through. Is this possible?

Not entirely true. The GC IS for a future job. An employer CAN, based upon a good faith intention to hire you in the future, file a GC for you even while you are not working for them. But, an EB1 for an international manager/executive can only be filed by a company related to the company you worked for when you were outside USA.

I-94 Extension Time
I have a L1-A VISA through company Blanket. I have visa up to 2013. But my blanket expires in 2011-dec. I got I-94 up to Dec-2011. I have already applied for I-94 extension. How long will it take?

It can take a few months. You can apply for premium processing even when the case is filed and pending.

L-1A holders trying for EB-1
I have 6 years experience with the same company with 4 years experience in US itself. I am on L1A visa and I have only a 4 year Bachelor Computer Science engineering degree. What GC category will I fall under?

L-1A holders should try under EB1. You could be done in a year.

Green card for L1-B or L1-A holders
I currently have a L1-B visa and I'd like to know if the company where I work(a Brazilian company where I did work for 2 years, one of them in a managerial position before coming to the U.S in 2009) could apply to change my status from L1-B to L1-A at the same time as filing my GC application. The company is a giant in Brazil with 600 employees but we are still starting the operations in the U.S and I'm the only employee here.

Smaller companies can have a tough time getting an L-1A.

L1A-Blanket petition
I came to USA before 3 years and 6 months on L1B-Individual visa. I had 2 years of managerial experience before 3.5 years with the same employer, outside U.S.A. Now I got my L1A-Blanket petition approved and waiting for Personal Appearance with U.S.Consulate. My concern is that, I read in the conditions that the experience should be within the preceding three years….but I have managerial experience before 3.5 years. Will affect the chances?

There is an exemption of time for people who come to USA and continue working with the same group of companies in USA. Their 3 years are counted back from the date they enter USA.

L1A to EB1 from outside USA
I have completed 6.5 yrs in L1A in managerial role. Now the same employer wants me to stay outside of USA for few months. 1)Can we apply EB1 while being outside USA? 2)Do we have to apply for L1 A extn for remaining 6 months of 7 yrs while applying for EB1? 3)Can a new employer sponsor L1A and apply for EB1 while entering the country?

EB1 can be applied while you are outside USA. A new employer can sponsor only after you have worked for them for one year outside USA.

Chances of L1A to EB1
What is the chance for a L1A visa holder of 7 years to qualify for a EB1 category. Catch here is the original company which provided the L1A visa will not apply for GC. If the person moves to another company on H1 Visa can the new company file for GC under EB1 based on the previous 7 years of L1A status .

No, sorry. The basis of an International Manager's or Executive's EB-1 filing is that you must have been employed abroad with a related company for one year. Since you will not be able to meet that criterion, I do not see how that type of EB-1 can be filed through a new company.

L1A Extension processing time
I had applied for my L1A extension back in Novemeber 13 2009 and yet the status is showing Initial Review. I am little concerned that would it really take this much time?What is the experience of other, with similar situation. Are L1's getting extended easily.

L-1A extensions are very difficult unless you meet all the criteria.

Covid Coronavirus Question from Employers about Payroll for H-1B and others L-1, E, etc. employees
We are looking at various measures of safety and expense control. First and foremost everyone is working from home for their on safety and wellness. For expense control one idea that we were discussing was a potential pay rate reduction for a short period of time.
Time of stay and definition of a manager/executive employee for L-1A and EB-1C
I'm currently on H1B Visa with I-140 Approved. My Employer is sending to Canadian branch to work for 2 years. I have 1 person reporting the work to me (Offshore India). I'm not designated as a Manager. Upon return to US branch after 2 years completion in Canada. Does my application qualify for EB-1C category?
Effect of L-1A Denial on Approved I-140 Green Card
I am currently on H-1B , which expires on 20 Jan 2018 , Instead of filing H-1B extension my employer filed for my COS on L-1A , As i meet all the eligibility criteria. I also have my EB-1C I-140 approved , but we cannot file 485 as the dates are not current. My L-1A COS is rejected (Denied) . Will this impact my already approved I-140 ?
Effect of Salary Variations During L-1A Visa
I came here on L1A. At the time of petition, my offer letter from my employer had a salary of $120K annually. This is $10,000 monthly. I want to know if running my payroll for less money will affect my GC process which I am planning to apply next year. Considering following situations, Will it affect my GC process which I am planning to apply after 1 year from my arrival date? 1) If my payroll is run for lesser salary e.g. in the range of $6000 to $8000? 2) If my payroll is run with (salary + bonus) to make it a total of $10,000/month (120K annually). For example salary = $6000/month and bonus = $4000/month
Current Immigration/Visa Options for Entrepreneurs
What are the requirements to get a visa and green card as an international entrepreneur? Is the start-up visa effective?
Extension of Investor Visas, Religious Visas, Conrad 30 for Physicians
We are being informed that EB-5 investments in regional centers are now possible until December. The date has been extended. 1) Is this true? 2) Given that a green card is available years after the initial investment, in the current volatile immigration climate, how safe is an EB-5 ?

True. The EB-5, the religious visa programs and Conrad 30 waives for foreign physicians have been extended until 8 December 2017 pursuant to H.R. 601 – Continuing Appropriations Act, 2018 and Supplemental Appropriations for Disaster Relief Requirements Act, 2017.

Rules for Counting 6 Years of H-1B
I got H-1B approval in August 2013 valid from Oct 2013 to Sept 2016. After this, I traveled to the US in August 2014 on H-1B & I am here till now. My question is, till what time I can stay in the USA. I know for H-1B we get 6 years. But will this count my earlier stay on L-1B? For more than 2 years, I didn't enter to the US. Will it be until August 2020 or ( August 2020 minus the L1B stay ) ?
Dual Intent Visas and Filing green Card in Multiple Categories Simultaneously
My sister is a naturalized US citizen and she is planning on applying for my GC. I have 2 questions: 1. If my company decides to sponsor my L1-A visa (after my GC application is submitted) will my L1-A be denied because of my GC application?. I have a multiple entry 10 year tourist visa that will expire in 2017. If I apply for a new tourist visa in 2017, will that be denied? 2. Furthermore, my father's GC (consular processing) is being processed currently. Once he becomes a GC holder, can he apply for my GC (I am single over 21 years of age) in such cases Processing time is also much less. If my father can sponsor my GC, what happens to my application in the unfortunate event of my father's demise during this period?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/R4-_pic6TzY?t=103

FAQ Transcript

Can I postpone H-1 status
Currently I'm on L-1A status and it expires in *** hence my employer is planning to file new H-1B this April not change of status. Here are my questions… 1) If I get H-1B this April, is it mandatory to work on H-1B from Oct 01, 2015? 2) Shall I continue with L-1A status until it expires and then can I change to H-1B?

See clip from Attorney Rajiv S.

GC in L1-A Visa
I have 14 years of overall IT experience and performing Manager, Service delivery role for past 3 years. Planning to enter USA in L-1A visa. I have a team of 30 resources, working in Chennai, Shanghai and San Jose. They all report to me. My Questions: 1. How long I need to wait to initiate the GC process? 2. Do I have a choice of selecting the type - EB-1 vs EB-2? 3. I don't have bachelors or masters degree. Will that be a barrier for applying GC? 4. Should I apply ONLY through my employer or can I apply myself

1. You can apply for green card without any wait.
2.