This L-1 non-immigrant visa
is probably the head-ache Visa. I'm presently working on to change status (or employment) from L-1B to L-1A. Herein below are my observations.
is probably the head-ache Visa. I'm presently working on to change status (or employment) from L-1B to L-1A. Herein below are my observations.
Image courtesy: www.peningoblog.com
FILING
A CHANGE OF STATUS FROM L-1B TO L-1A
The regulations(1)
limit the availability of the full seven years of L-1A status of someone originally
admitted in L-1B status to where a promotion occurs from a specialized
knowledge 
occupation to a managerial occupation. Specifically, the regulations
read:
occupation to a managerial occupation. Specifically, the regulations
read:
L-1B
employee must work for at least six months in a managerial or executive
capacity
When an alien was initially admitted to the
United States
This provision caused some concern as there
were denials in the past at some service centers because the adjudicators
interpreted the regulation to require approval of an L-1A petition before four
and one-half years of L-1B status had occurred. Additionally, the final
sentence of the regulation made it appear that the practitioner must file two
separate petitions--one to notify USCIS of the change in job duties, and
another one six months later to be eligible for the total period of stay of
seven years. AILA brought this to the attention of USCIS in its March 23, 2006,
meeting and the response was as follows:(2)
The regulation requires that USCIS has "approved" the change to managerial position at the time of the change. This is in accordance with the independent regulatory requirement that the petitioner inform us of any changes in "capacity of employment." So not only must the alien have been in the new position for six months at the time of filing the extension from five to seven years, but USCIS must have approved that change when it happened. However, the centers should not deny an extension request simply because it was FILED during the final six months of the five-year stay. It can be filed the last day if need be, so long as the change occurred at least six months ago. The reason for requiring the extension at the end of six months is to establish the bonafides of the promotion. This is an important fraud deterrent--an appropriate indicator of the legitimacy of the managerial position. Therefore if the filings were to be combined after the beneficiary was in the promoted position would not meet the requirement that the beneficiary has been in the "position" for six months since the petition record would only reflect the original position. Therefore, with regard to a promotion at or during the last six months, premium processing would be the option.
Overall, before filing an petition to change L-1B to L-1A, confirm if the candidate has already worked in Manager
or Executive position at least six months before filing the petition requesting the change, this might be waived if the candidate has already worked earlier when he was abroad.
or Executive position at least six months before filing the petition requesting the change, this might be waived if the candidate has already worked earlier when he was abroad.
Here is an article by Lawrence D. Bastone of Zag S&W on L-1 Intracompany Transferree.
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