L1B to L1A conversion

Hi Sourabh and Experts,

My employer is planning to convert my L1B to L1A and currently my 3 years term of L1B expires by May 2017. The purpose of the move is to file GC under EB1.

Which is the most successful method?

  1. Applying the petition inside the US? and if approved i will get new I94 and change of status.

  2. Leaving US and submitting the petition at Chennai consulate? My employer prefers this route and i dont know the reason for that. In case my L1 A denied, will the embassy cancel my L1B which is valid tilll May 2017?

Advanced thanks for your help,

Hello Ganesh,

I’ve a similar situation. I’m on L1B visa with I-94 expiry in May mid. My current role is eligible for L1A and my company is asking me to take interview at the Chennai consulate to move to L1A (they say L1A conversion through USCIS is risky these days).
Did you also go through the same process? How was the experience (if you can share)?
Also, do they need to file a new petition with USCIS or they’ll reuse the original L1B petition for this?

Thanks!

We need to file fresh petition for L1A and need to prove that you were managerial role before your US travel. Yes i filed at USCIS from here and got approved by assuming that there were lots of risk at chennai consulate ( hope still exists) and to avoid unnecessary travel. They use L1B only to count for 3 years term. I personaly feel that Chennai is high risk than USCIS. Another issue if you go to chennai consulate, there may be questions on your managerial role since you were in L1B for 3 years. Decide and choose carefully.

Hi Ganesh,

My case is similar to yours.I was wondering if your GC went through successfully. I am on L1B and my five years are expiring in 2022 May. My company is planning to promote me to a managerial designation and file for L1A. I had managerial experience in India but that was in 2015. I have heard EB1 is only possible if you have been a manager one in last three years preceding to your eb1c petition.Your thoughts Please?

Hi Sreekumar_S & others,
Similar situation but have a different question. My office is planning to file for COS (L1B to L1A), and my 5 yrs complete in August 2022. Legal/HR advised that we can file COS at the time of extension (say in Feb-2022), and I am note sure. Read in older threads/blogs that we need to have COS approved before we finish 4.5 yrs on L1B. Any idea, if COS filing will be accepted in last 6 months L1B ?

I did that back in 2020 via USCIS processing and did not face any problem. But for sure you get a RFE to prove that you were a Manager back in India (which I responded with help of letters and documents) and current filed EB1C GC, hoping for something good.

Hi,
You need to be in Managerial position one year before 3 years of US travel. Yes my case went through.
Thanks