"Switching" from L-2 to an L-1A

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Old May 31st 2018, 3:33 pm
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Default "Switching" from L-2 to an L-1A

Hey,

Wondered if anyone had a POV on the feasibility of "switching" from an L-2 to an L-1A.

My wife and I moved to the US at the beginning of 2017. She's on an L-1A and I accompanied her on an L-2. We both love it here, but her job has become a lot less enjoyable than it previously was. Obviously our status in the US is dependent on her continuing employment so we'd like to explore other options.

Currently I actually work for the same company that I did back in the UK. So I'd like to explore whether I could approach my company and ask if they could secure an L-1A visa for me in my own right, to enable my wife to change status to an L-2 and allow her to work elsewhere.

I believe I'm still eligible for an L-1A because prior to entering the US I had been working for this company in London for over a year. I'm sure the job role is eligible. I actually work with a number of colleagues who perform the same function as I do who transferred from the London office on blanket L-1As at the same time I moved here.

Have I missed anything obvious before I phone my boss and sound him out?
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Old May 31st 2018, 3:49 pm
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Default Re: "Switching" from L-2 to an L-1A

I believe you should be able to do so. No harm in asking your boss if he's willing to help you out with this. You were employed by the foreign office at least a year within the 3 years immediately preceding coming to the US and were employed in a managerial/executive/specialized knowledge capacity? You say you work with colleagues in the same function (level?) that were able to get an L-1 so your role seems eligible.

I was able to go from an H4 to L-1A. I was only in the US for a couple of months when I did it, but as long as you're within the requirements, it should be doable.
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Old May 31st 2018, 10:11 pm
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Default Re: "Switching" from L-2 to an L-1A

You were employed by the foreign office at least a year within the 3 years immediately preceding coming to the US and were employed in a managerial/executive/specialized knowledge capacity?
Yep that's right. From December 2015 - April 2017.

I've been employed by the same company in the US from April 2017 - Present.

You say you work with colleagues in the same function (level?) that were able to get an L-1 so your role seems eligible.
Yep exactly the same level and function.
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Old May 31st 2018, 11:51 pm
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Default Re: "Switching" from L-2 to an L-1A

Your firm should have an attorney investigate the possibility.
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