L1A vs H1B

Old Feb 1st 2001, 3:09 am
  #1  
JC
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Hello all I would like to know if anyone could please answer me or give me some ideas on
the following: Is it true that an L1A visa aplication is usualy faster then an H1B ? In
no site, inculding shusterman or immigration.com, I can find the L1 based I-129
aplications processing times, I only see cap or ext I-129 cases and L1's are not cap
cases, I have heard a "rumor" it was because those cases took less then 30 days, but I do
not really believe that (though I would love too), what time frame am I looking at for an
L1A aplication from Europe at the Vermont service center? It is for a small European
Community company, we have an US subsidiary in business since last summer and we need now
to have a physical presence there as business is growing, unfortunately most sites and
discussion boards seem very H1 centered and to focus on a couple countries and it is not
easy to find info. Could anyone please share some thoughts,comments, answers maybe? Thank
you very much Regards

JC
 
Old Feb 1st 2001, 6:02 am
  #2  
orcl99
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Is it true that an L1A visa aplication is usualy faster then an H1B ?
> In no site, inculding shusterman or immigration.com, I can find the
L1 based
> I-129 aplications processing times, I only see cap or ext I-129 cases
and
> L1's are not cap cases, I have heard a "rumor" it was because those
cases
> took less then 30 days, but I do not really believe that (though I
would
> love too), what time frame am I looking at for an L1A aplication from
Europe
> at the Vermont service center?

About two years ago. I was considering an offer from the company I was then working for to
go to an overseas sub for a controller position for a year, and then bring me back to US
on a L-1A (I was on H-1B at that time). The company lawer told me it would take no time,
maybe a couple of days, to get the L-1A approval. I didn't believe it and asked many other
lawyers for second opinion. Some of them told me it would take at least 3-4 months to get
approval. The key thing is that although there is no cap on L-1A, when you come back to US
you must be on a managerial position comparable to the job you did overseas. INS
scrutinizes this very carefully, more than what they do to H-1B. Not to mention there are
many other requirements you need meet, e.g. at least one of your subordinates must have a
Bachelor degree, things like that. But, if you believe you qualify, it is worth a try.
There is no cap on L-1A and you don't have to go through all the hassels of Labor
Certification to get the green card. You can start from I-140.

> It is for a small European Community company, we have an US
subsidiary in
> business since last summer and we need now to have a physical
presence there
> as business is growing, unfortunately most sites and discussion
boards seem
> very H1 centered and to focus on a couple countries and it is not
easy to
> find info.

The size and length of business life of the company, both US and overseas locations, do
have an impact on your petition. I don't remember what exactly the law says, but you can
go to INS's website to find it out.
 
Old Feb 1st 2001, 12:42 pm
  #3  
ctd123
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The only problem is your case is the time your company has operate in the states. For a
new company (less than 1 year) you get a 1 year L-1 but can get 3 two year
extensions(1+2+2+2=7). Older companies get (3+2+2=7) It is so fast Canada gets them
approved at the airports.
 

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