Immigration Issues/convert L1b to L1A

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Question
Hi,

I have an L1B which expires in 50 days from now.
My company (TCS) wants to file an L1A.
Is it allowed before L1B expires?
or can we file it now itself?

i have 6+ years of experience today.
i have been promoted to a manager role in june 2009.
i have not been in the USA since feb 2009.(more than 1 year)
i am in india and working with my company since last 4 years.

Please advise

Thanks,
Amrendra

Answer
Hi,

Since L1A requires employment as manager or executive for at least one year during the past 3 years, and since you have not been present in the U.S. for at least one year even though you have L1B approval from the USCIS (formerly the INS), the employer can file L1A petition for you with the USCIS requesting consular processing so that upon approval of L1A petition by the USCIS you can apply for L1A visa stamp from the nearest U.S. Consulate. Additional information about L1 category is here: www.h1b1.com/L1visa.htm

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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