L-1B Visa FAQs

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Changing Status from Tourist or Business Visa (B1 or B2) Within the United States

Authored on: Tue, 10/31/2017 - 04:09

Question

Right now I'm in USA on B1 visa. I came last week 1st Oct 2017. Got the stamp for 6 months (i94 expires on Mar 31, 2018). This is the 3rd time I'm traveling to the US on B1. Below are the previous trip details.<br>
Aug 02 2014 To Sep 28 2014, May 03 2015 To Jun 15 2015,3) Oct 1 2017 To till date (Nov 11 2017). Now my company wants to file L-1B petition for me. The employer is ready to file an application for L-1B in the USA if it is legitimate.<br>
1) Now I'm already in the US, so Is there a process to get my L-1B without going back to my country (India)? Is B-1 to L-1B is a complex process? Is there any complication(s) if I put my petition in USA?<br>
2) What will be the time frame to get L-1B?

Answer

Watch the Video for this FAQ: Changing status from tourist or business visa (B1 or B2) within the United States

Video Transcript

1. You should go to your home country or a third country. You can go to Canada or Mexico. B-1 and B-2 are not complex if you qualify. L-1B's are very difficult to get. Specialized knowledge employee is very difficult to get but if you qualify not a problem. 

2. Regarding time frame you can always apply through premium processing and within a few weeks, you should get your adjudication done.  More 

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Rules for Counting 6 Years of H-1B

Authored on: Tue, 06/27/2017 - 04:28

Question

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 ) ?

Answer

Watch the Video on this FAQ: Rules for counting 6 years of H-1B

Video Transcript

Any time that you spend on H-1 and L-1 will be counted together. So if you spend two years on L-1B or L-1A you've got four years left on H-1. The second rule is if you go outside the USA for one year the entire period is reset so you could have six years of H-1 back. If you were here on L-1A for seven years, then you went back to your home country stayed there for one year, did not come to the USA and even if you did come for a brief visit and then you have to be out those extra days you came, for example: if you came for 10 days you have to be out for ten days for the clock to be reset. You got your six years of H-1 reset. One thing L-1 is counted towards your H-1 and second thing, if you are outside for one year the period is reset. The next thing you need to know is every day you are outside the USA on H-1 you can recapture every day that you are outside. If you are outside the USA more than six months you get the entire year back. More 


Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

L-1 Blanket petition

Authored on: Mon, 10/24/2011 - 09:18

Question

I have an L-1 Blanket petition and I traveled to US for one week and used that VISA. Part of my job, I need to work in one of our offices outside USA for a year, but will just have to go to US for one week every 2 months. Will that affect my visa since I would not be fulltime working in US? I have M entries in my L-1.

Answer

As long as you work full time and on the job described in your L-1B while you are INSIDE USA, it does not matter how long you stay outside USA.

Green card for L1-B or L1-A holders

Authored on: Mon, 05/30/2011 - 23:30

Question

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.

Answer

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

L1B - resignation in US

Authored on: Tue, 05/04/2010 - 05:59

Question

I am currently on L1B in US. Could you please let me know if it is legal to resign on L1B while am in US or is it required by law that I need to return to my home country and resign? Am on US payroll and I believe am governed by US labour laws and they will supersede the Indian laws even if I signed a document mentioning that I will return to India. Could you please confirm?

Answer

What you are asking me has nothing to do with US immigration laws. This is a matter for an employment lawyer in the state where you are working. Under US immigration laws, you can resign in USA any time.

L1B to H1

Authored on: Mon, 04/12/2010 - 15:12

Question

I am working in US with L1B Visa from company A, now I have my H1 petition approved from the same company had applied to me before I had L1B. Now is it possible for me to change my Visa status from L1B to H1, if yes then what are the situations under which I will be able to change as I am planning to change the company.

Answer

You will need to apply for an H-1 through the employer you wish to join. You should be able to apply for a change of status as a part of that process.

L1B

Authored on: Mon, 03/08/2010 - 07:03

Question

In your knowledge, how long does it usually take to obtain a green card (through dual intent)with an L1B visa?

Answer

The time taken for L-1B holder who applies through PERM is the same as for anyone else from the country you were born in. No special case here, unless yo convert to L-1A and go through EB-1.

L-1B

Authored on: Fri, 02/26/2010 - 06:55

Question

I have 3 questions about the L1B visa I hope you can help me with:

1.Is it possible to work part time for another company than your sponsor under an L1B visa? (at the same time)
2.Is there a minimum amount of hours you have to be employed weekly under an L1B? Or can you just work part time for your sponsor company?
3.Lets say I want to apply under the "dual intent" law to permanent residence with an L1B visa, is it possible to do so by working only part time to my sponsor or do I have to be full time employed to be able to apply under the dual intent law ?

Answer

1. L-1B visas do not permit part time employment.
2. I think 35 hours each week (full time). Part time is not permitted.
3. Part time is not allowed under L-1B.