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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 11891
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I had done my L1b to L1a conversion in Oct 2014. 1. I had

Customer Question

Hi James, I had done my L1b to L1a conversion in Oct 2014.
1. I had been to India and came back during June 2015. I have my visa till Sep 2016 and my I-94 given when I entered the country also expires during the sametime. Is the I-94 date correct? Or will the I-94 for L1 guys should be given as 3 years?and should I need to contact any department regarding the same?
2. Also, I need to apply for an extension during May 2016 and my passport expires in Dec 2017, will the passport expiry be a problem for extension? And should I get my passport extended before I apply for L1A extension?
3. Also, I'm in a managerial role and have a good reporting structure of around 20 people. I was not a Manager when I entered US in April 2012, but have been promoted and in a managerial role for the last 2.5 years. Will I be eligible for green card under EB1 category? Will I qualify since I was not a Manager outside US? But I'm here since the last 3.5 years.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.

Hello, I am James. Thank you very much for requesting my assistance. My apologies for the long delay. I was offline when you posted your question for me.

Please keep in mind that I do not get a salary here. But just like you, I want to get credit for doing my job. You are the only person who can help me get credit today.So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces before leaving the site today.

Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert.

Please answer the following:

What are the dates of validity on the L1A petition?

You entered the US in June 2015 with the L1A visa, correct?

Customer: replied 1 year ago.
Hi James, my L1A petition is valid till 13th Sep 2016. My latest entry to US was in June 2015 under L1A.
My previous entries were- March 2010 with L1B, went back in March 2011. Again came back in April 2012 in L1B and got converted to L1A in Oct 2014.
Also, my spouse who has a L2 dependent visa will be joining me soon. I have plans of applying a EAD work permit for her, does it involve any complications? Also will her EAD permit get expired when my petition expires? Generally how many years will she get a ead permit once we apply.
Expert:  Expert James replied 1 year ago.

OK, thank you very much. Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

QUESTION: I have my visa till Sep 2016 and my I-94 given when I entered the country also expires during the sametime. Is the I-94 date correct?

ANSWER: Yes. You petition is only valid until that date, so the I-94 will be issued only up until that date.

QUESTION: Or will the I-94 for L1 guys should be given as 3 years?

ANSWER: No. See previous answer.

QUESTION: Should I need to contact any department regarding the same?

ANSWER: No. See above.

QUESTION: Also, I need to apply for an extension during May 2016 and my passport expires in Dec 2017, will the passport expiry be a problem for extension?

ANSWER: No.

QUESTION: And should I get my passport extended before I apply for L1A extension?

ANSWER: You don't have to. But eventually you will need to, so you may as well.

QUESTION: Also, I'm in a managerial role and have a good reporting structure of around 20 people. I was not a Manager when I entered US in April 2012, but have been promoted and in a managerial role for the last 2.5 years. Will I be eligible for green card under EB1 category? Will I qualify since I was not a Manager outside US? But I'm here since the last 3.5 years

ANSWER: In order to be eligible for EB1, you have to have been an executive or manager ABROAD for one of the previous three years prior to the EB1 petition being filed.

QUESTION: My spouse who has a L2 dependent visa will be joining me soon. I have plans of applying a EAD work permit for her, does it involve any complications?

ANSWER: I don't see anything that would cause an issue for her getting EAD

QUESTION: Also will her EAD permit get expired when my petition expires?

ANSWER: You have to look at the EAD itself once it's issued. It will not be issued for any amount of time past your valid L1 status or her valid L2 status. So if you only have until September 2016, her L2 will be issued only up to September 2016 and her EAD will not be issued for longer than that.

QUESTION: Generally how many years will she get a ead permit once we apply.

ANSWER: See above.

I know these issues can be confusing. If you want to discuss this or anything else by phone, I can send you an offer for that. There will be an additional fee, if you want to do that. Please let me know and I will send you the offer.

I hope I have answered your questions. Kindly rate my customer service with a positive rating. I do not get a salary here and this is the only way I am compensated for my efforts. So please do not forget to do that before you log off. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can continue to ask questions even after you have given a rating. Again, giving me a positive rating is the ONLY way I get credit for helping you.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Customer: replied 1 year ago.
Hi James, I read your criteria for the EB1 category and it says I need to be an executive or in a managerial role ABROAD for one of the previous 3 years. So my entry into the US was in april 2012 and I have been here. So how can this particular clause be applicable to me since I'm here for the last 3.5 years.
Also, when I apply for extension and if I do it in a premium processing, will that be of any help or an added advantage for getting the approval? Or will it be the same as normal processing?
Expert:  Expert James replied 1 year ago.

Si/Madam,

Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

ANSWER: The clause is not applicable to you and you are not eligible for EB1C based on what you've described is your situation.

You are not eligible for EB1C because you did not fulfill the requirement of being employed ABROAD in a managerial or executive capacity for at least one year of the previous three years prior to the PETITION FOR THE EB-1C BEING FILED.

By way of an example, if you have an EB1C petition filed tomorrow, you count three years back. And in those three years, you have to have been employed for one year ABROAD in a managerial or executive capacity. If you have been here for three and a half years, then you have not been employed abroad for one year within the previous three years. And therefore, you have not fulfilled the requirement of being employed for at least one year abroad within the previous three years prior to filing the EB1C petition tomorrow.

I know these issues can be confusing. If you want to discuss this or anything else by phone, I can send you an offer for that. There will be an additional fee, if you want to do that. Please let me know and I will send you the offer.

I hope I have answered your questions. Kindly rate my customer service with a positive rating. I do not get a salary here and this is the only way I am compensated for my efforts. So please do not forget to do that before you log off. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can continue to ask questions even after you have given a rating. Again, giving me a positive rating is the ONLY way I get credit for helping you.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Customer: replied 1 year ago.
Hi James,
1. I'm somehow not fully convinced regarding your response for the I-94 date being issued same as the petition date. Thats because when I entered US for the second time in April 2012 in L1b, I had my visa and petition only till Jan 2013. The Immigration officer had issued me an I-94 till April 2015, I guess this contradicts one of your response. 2. Also, the other point which contradict is that there are few people who have come to US in a L1A stayed here for more than 3 years and got their GC applied in EB1C, how could these people be eligible since their last 3 years of service was in US and not ABROAD?
3. Next time when I do a L1A extension, If I do it in premium processing will it have an advantage of getting approved when compared to the normal processing.
Expert:  Expert James replied 1 year ago.

I need you to list for me each and every entry on L1 status, the type of L1 status, and how long you were in the US.

Customer: replied 1 year ago.
James, below are the dates.
1st entry: L1b blanket in March 2010. Had visa and petition till Jan 2013. I-94 was given till Jan 2013, but went back in March 2011.2nd entry: L1b blanket in April 2012. Had visa and petition till Jan 2013. I-94 was given till April 2015.
Got my visa status converted from L1b to L1a individual in Oct 2014. Went to India for vacation in April 2015.3rd entry: June 2015 in L1A individual, but I-94 given only till Sep 2016 which matches my visa expiry.
I have read many cases in which L1's need be given an I-94 of 3 years, and there are instances where people were not given had gone to the airport or some office and got it corrected. During my 2nd entry I just had visa and petition for 8 months but I-94 was given for 3 years(see above)
Also, would appreciate if you can also answer the remaining 2 questions which I have asked.
Expert:  Expert James replied 1 year ago.

Those dates are not specific enough. I need the dates, not just month and year.

Customer: replied 1 year ago.
James, below are the dates and entries in detail. Let me know if you need anything.
1st entry: On March 15th 2010 in L1B blanket. Had visa and petition till Jan 24th 2013. I-94 was given till March 14th 2013, but went back on March 21st 2011.2nd entry: On April 25 th 2012 in L1B blanket . Had visa and petition till Jan 24th 2013. I-94 was given till April 24th 2015.
Got my visa status converted from L1B to L1A individual in Sep 10th 2014 and got a approved petition till Sep 7th 2016.
Went for vacation on April 24th 2015.3rd entry: On June 1st 2015 in L1A individual, but I-94 given only till Sep 14th 2016(one week extra from the visa and petition expiry).
I have read many cases in which L1's need be given an I-94 of 3 years, and there are instances where people were not given had gone to the airport or some office and got it corrected. During my 2nd entry(see above) I just had visa and petition for 8 months but I-94 was given for 3 years(see above)
Also, would appreciate if you can also answer the remaining 2 questions which I have asked.
Expert:  Expert James replied 1 year ago.

Were you employed in an executive or managerial capacity before you came to the US on L1B?

Customer: replied 1 year ago.
Hello, I was employed and worked in a managerial KIND of role for sometime when I went back in March 21st 2011. But this was not mentioned anywhere in the petition during my L1b to L1A conversion since it was for a short duration of time. Will this help for filing in EB1C for green card?
Expert:  Expert James replied 1 year ago.

OK, thank you very much. Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

Now, there is a lot of information here. You will need to look it all over and apply it to your case.

To answer your most recent question, yes. The employer must establish that, if the alien is int he US working for the petitioning employer, in the three years preceding transfer to the US as a non-immigrant employee, the alien was employed abroad in an executive or managerial capacity. Base don what you've told me, that is not the case. If you can show that you were employed in an executive or managerial capacity for 1 year in the previous three years prior to entering the US on L1B, then it works. But you have not described this for me.

Also note that a person does not have to be on L1A in order to qualify for EB1C. It is not s prerequisite. It is just that the requirements are very similar, albeit not exactly the same. Some people are confused by this.

As for the I-94 and extensions, extensions are not made in three year increments. They are made in two year increments, after the initial 3 year issuance. That likely explains the end date of September 2016 (9/14 to 9/16). I know you changed

Your question was whether the date was "wrong." There is no "wrong" in this case because an officer has the discretion to issue an I-94 for a MAXIMUM amount of time, implying that they can issue it for less time than that as well. But in this case, the USCIS officer gave you the maximum two years on the extension of L1.

As for the time you were abroad and want to get back on the I-94 you received when you entered, border officers generally do not take into account each and every day you have been abroad because they do not necessarily know that information. Their job is not to help you recoup the time you've not used. That likely explains why they only gave you 1 week more after your long vacation (return in June 2015). They expect the alien to make the extension of status at the end to recoup any time they have left. The burden of proof is on you. Border officers are not tasked with calculating each and every day you are outside of the US in their issuance of a new I-94 at the border.

You can try to go to the deferred inspection site at the nearest port of entry to get a new I-94. But the burden of proof is on you to prove what you are seeking is deserved.

I know these issues can be confusing. If you want to discuss this or anything else by phone, I can send you an offer for that. There will be an additional fee, if you want to do that. Please let me know and I will send you the offer.

I hope I have answered your questions. Kindly rate my customer service with a positive rating. I do not get a salary here and this is the only way I am compensated for my efforts. So please do not forget to do that before you log off. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can continue to ask questions even after you have given a rating. Again, giving me a positive rating is the ONLY way I get credit for helping you.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Customer: replied 1 year ago.
Ok, so is there a possibility where I can change my I-94 dates or request for a change in I-94 dates? I'm asking this because I read many cases where people have asked for extensipn and cases being approved?Also, since in my recent L1b to L1A conversion petition I havent shown of me being in a managerial position. So will this effect or be re verified when I apply for a GC in EB1 category?
3. Applying extension in premium processing, will it have advantages of getting approved when compared to Bormal processing?
Expert:  Expert James replied 1 year ago.

Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

QUESTION: So is there a possibility where I can change my I-94 dates or request for a change in I-94 dates? I'm asking this because I read many cases where people have asked for extensipn and cases being approved?

ANSWER: Again, you can ask. But the burden is on you to show you need to recoup the time. And it will not be issued for longer than 2 year increments. By the way, this is not intended to replace an application for extension of status. It is also not to be used to get around the maximum allowed increments for extension (2 years) after the initial issuance of 3 years.

QUESTION: Also, since in my recent L1b to L1A conversion petition I havent shown of me being in a managerial position. So will this effect or be re verified when I apply for a GC in EB1 category?

ANSWER: The employer has to be able to show that you were employed in a managerial or executive capacity before entering the US as a nonimmigrant in order for you to use it for the EB1C.

QUESTION: Applying extension in premium processing, will it have advantages of getting approved when compared to Bormal processing?

ANSWER: Not other than the amount of time it takes to process the request. It does not increase the chances of success. It only increases the speed with which the processing is completed. You can't pay the USCIS to give you a better result. That would amount to bribing the government.

I know these issues can be confusing. If you want to discuss this or anything else by phone, I can send you an offer for that. There will be an additional fee, if you want to do that. Please let me know and I will send you the offer.

I hope I have answered your questions. Kindly rate my customer service with a positive rating. I do not get a salary here and this is the only way I am compensated for my efforts. So please do not forget to do that before you log off. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can continue to ask questions even after you have given a rating. Again, giving me a positive rating is the ONLY way I get credit for helping you.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Customer: replied 1 year ago.
Hi Janes,
1. So now if I need to give a try to extend my I-94 dates, what are tge procedures? And whom orcwhich department do I need to contact?
2. My wife currently has a L2 dependent visa. Her company is trying to apply for a L1B visa, so if her L1b visa gets approved will her L2 dependent visa get cancelled? Or will it still be existing?
3. Suppose if her L1b visa gets rejected, will it have any impact on her L2 dependent visa and are there any chances of her L2 getting cancelled when they reject her L1b visa?
4. Also, if she travels now to US on L2 visa, and if she gets her petition approved for L1b blanket when in visa, can she work without getting it stamped? Or is a stamping must?
4. For the 3rd qsn, if she gets an L1b individual petition approved, can she work on that or a stamping is must?
Expert:  Expert James replied 1 year ago.

Sir,

I have provided you with a lot of assistance and have not received any credit for doing my job up to this point.

Also, there are several new questions that you've posted which are totally unrelated to the original question you filed. The rules of this site require you to post new question in new threads.

Expert:  Expert James replied 1 year ago.

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

Customer: replied 1 year ago.
Hi James,
To be frank, I'm really very much waiting for the answers of last 4 questions asked. Appreciate your help if you could do the needful. Thanks.
Expert:  Expert James replied 1 year ago.

I understand. However once again, the rules of this site require you to post questions that are not related to the original question in a new thread. And I have been instructed to inform customers of the same. In this case, the questions about your wife are not related to the original question. I can ask for an exception, but I cannot make that decision. I would be willing to do that if I have been given credit for what work I have already done, which is extensive.

Customer: replied 1 year ago.
Ho James, when I had done the payment, I was said that I can ask questions of any number or else I can get the credit back if its not answered or the question will be re directed to others.
Also, can you please let me know regarding the credit, where and how it needs to given/done?
Expert:  Expert James replied 1 year ago.

Are you going to ask for a refund whether you receive further assistance or not?

Customer: replied 1 year ago.
As of now, I'm just letting you know that I'm waiting for tge answers and I would be really happy if you can answer it.
Can you please let me know regarding how to give the credit regarding what you mentioned?
Expert:  Expert James replied 1 year ago.

You would give a positive rating by choosing three or more stars or any of the smiling faces.

Customer: replied 1 year ago.
Where are those options?
Expert:  Expert James replied 1 year ago.

It should have popped up on any of the answers I gave you previously.

Customer: replied 1 year ago.
Might be I'm checking most of the abswers on my cell phone and the pop ups might have been blocked. I will do it later in the day in my laptop. But I'm really waiting for the answers for the last 4 questions asked. Thanks.
Expert:  Expert James replied 1 year ago.

I will see if they will make an exception.

Expert:  Expert James replied 1 year ago.

As an exception, these are the last set of questions I am allowed to answer on this thread. Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

QUESTION 19: So now if I need to give a try to extend my I-94 dates, what are tge procedures?

ANSWER: If the I-94 dates are wrong, then to get a new, correct I-94, you need to go to the secondary inspection site at the port of entry. Take with you the supporting evidence showing how much time you've been int he US on L1, how many days you've been abroad while still having a valid L1. I would also take an explanation of the days counted toward each, to show the number of days left to be recouped. Again, you will not be issued an L1 I-94 for more than 2 years from the date of entry, as I've explained already.

If the I-94 is determined to have been issued correctly, your employer needs to file an entire L1 petition for extension to the USCIS about 6 months prior to expiration of the current status. For filing locations, go here: http://www.uscis.gov/i-129-addresses

QUESTION 20: And whom or which department do I need to contact?

ANSWER: Secondary inspection site at the port of entry.

QUESTION 21: My wife currently has a L2 dependent visa. Her company is trying to apply for a L1B visa, so if her L1b visa gets approved will her L2 dependent visa get cancelled? Or will it still be existing?

ANSWER: The visa is not canceled. But if she asks for a change of status, she gets a new I-94 for L1. If she asks for consular processing, she will not be able to get into L1 status without leaving the US, getting a valid L1 visa stamp, and then returning.

QUESTION 22: Suppose if her L1b visa gets rejected, will it have any impact on her L2 dependent visa and are there any chances of her L2 getting cancelled when they reject her L1b visa?

ANSWER: No.

QUESTION 23: Also, if she travels now to US on L2 visa, and if she gets her petition approved for L1b blanket when in visa, can she work without getting it stamped? Or is a stamping must?

ANSWER: If she is in the US when it is approved, and she is not issued an I-94, then she has to apply for a change of status from L2 to L1.

QUESTION 24: For the 3rd qsn, if she gets an L1b individual petition approved, can she work on that or a stamping is must?

ANSWER: Same as above. If she is in the US when it is approved, and she is not issued an I-94, then she has to apply for a change of status from L2 to L1.

I know these issues can be confusing. If you want to discuss this or anything else by phone, I can send you an offer for that. There will be an additional fee, if you want to do that. Please let me know and I will send you the offer.

I hope I have answered your questions. Kindly rate my customer service with a positive rating. I do not get a salary here and this is the only way I am compensated for my efforts. So please do not forget to do that before you log off. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can continue to ask questions even after you have given a rating. Again, giving me a positive rating is the ONLY way I get credit for helping you.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

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