Switching from L1A to L1B visa?

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Old Jan 19th 2017, 11:05 am
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Default Switching from L1A to L1B visa?

Hey all, I'm new to this forum and wanted to ask a question that I can't seem to find an answer for online.

I'm currently in the middle of an L1A visa process for managers from the UK to the US under the blanket visa scheme. I wanted to know, what happens if I was to switch my job role and stop 'managing'. I know I fit all the conditions of the L1B visa so is it possible to change my visa status while I'm over there? Or does the visa restrict me to management roles only? If I became a 'specialist' worker, would I have to leave the country, start a new visa process, and then move back to the States with an L1B visa?

I know for example that you can file a L-129 petition and move from an L1B to an L1A but I've not seen the case the other way around. Thanks all!
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Old Jan 19th 2017, 4:16 pm
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Default Re: Switching from L1A to L1B visa?

Originally Posted by shogun168
... is it possible to change my visa status while I'm over there?
Yes. If, however, your end goal is to get a green card, then you'd be very stupid to change from L-1A to L-1B.

Ian
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Old Jan 19th 2017, 4:23 pm
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Default Re: Switching from L1A to L1B visa?

Originally Posted by ian-mstm
Yes. If, however, your end goal is to get a green card, then you'd be very stupid to change from L-1A to L-1B.

Ian
Thanks for the reply Ian. Why is that? I thought you could still get a green card via the L1B route? The change would mostly be a last resort, I'd like to know if it was an option at all to change or if I'd have to terminate my visa and leave the country.
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Old Jan 19th 2017, 4:39 pm
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Default Re: Switching from L1A to L1B visa?

Originally Posted by shogun168
I thought you could still get a green card via the L1B route?
You can - yes, but it's a much longer process. With an L-1B, there is an intermediate labor certification process that must take place... and that can add several years to the process! There is no LC process with an L-1A... so the green card can be processed much quicker. Given a choice, the L-1A is a superior visa.

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Old Jan 19th 2017, 4:50 pm
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Default Re: Switching from L1A to L1B visa?

Originally Posted by ian-mstm
You can - yes, but it's a much longer process. With an L-1B, there is an intermediate labor certification process that must take place... and that can add several years to the process! There is no LC process with an L-1A... so the green card can be processed much quicker. Given a choice, the L-1A is a superior visa.

Ian
Ah hah, gotcha. Well I'm currently in the L-1A application process at the moment so I'll be proceeding with that. There's a little bit of instability with my company at the moment, so it's good to know that there's some flexibility in case I had to move to an L1B visa (I wouldn't do it out of choice). Thanks for the info!
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Old Jan 19th 2017, 6:57 pm
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Default Re: Switching from L1A to L1B visa?

Agree with Ian. L1b from L1a should be your last resort
Your birth country is important information too

If I recall correctly,back in 2010 and UK born they were processing GC applications from 2003
It is alot better now and has been for since start of 2015

This process date(called Priority) comes from the date you submit PERM, which can take 9months, to years, to complete.

Especially if you are selected for an audit.

Priority Date only applies if you pass the PERM criteria and is certified

You are alot better prepared having come to this site, there are alot of very knowledgable on here, that have helped me no end


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Old Jan 19th 2017, 9:31 pm
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Default Re: Switching from L1A to L1B visa?

Stick with the L1A and I'd ask for the green card to be put into your relocation package and apply for it as soon as you get off the plane (slight exageration) but if there is some instability with your company then you are in a better position with a green card to go and find another job rather than being sent back to the UK which is what would happen to you on either of the L1 visas.
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Old Jan 19th 2017, 9:53 pm
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Default Re: Switching from L1A to L1B visa?

Yup, I'm in the (hopefully final) stages of the green card process - EB2 from L1B. It has taken quite a long time, the PERM process took nearly a year - what with gathering the info for the job posting, vetting the results, making the application and then waiting for the DOL to process it. This is the before you get anywhere near applying to the immigration lot.

Go L1A if you possibly can.
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Old Jan 20th 2017, 2:45 pm
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Default Re: Switching from L1A to L1B visa?

Consultation with the immigration lawyer might be in order. If the employer's lawyer is handling the petitions, it might be a good idea to consult with an independent lawyer inasmuch as the company lawyer's duties and obligations are essential towards the employer and not the non-citizen.

I would suggest that you be willing to have a PAID consultation.
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Old Jan 26th 2017, 5:15 pm
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Default Re: Switching from L1A to L1B visa?

L1b->EB3

It took 12 months from my Perm being lodged to getting the GC in hand. Felt like forever, but when you compare it to how long indians wait...it was a drop in the ocean
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