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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28862
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I was on L1B and i stayed in US for 5 years, till my L1B

Customer Question

Hi
I was on L1B and i stayed in US for 5 years, till my L1B maxout, which was march 14 , 2016. I came back to India on March 14, 2016.
I am eligible for L1A and my employer is ready to file for my L1A.
Can you pls let me know, if its legally allowed to file for my L1A now or I should wait for the 1 year clock reset to file for L1A ?
One more question, if I apply for L1A, will I get it for 7 years or it will be only for 2 year?
Thanks.
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 11 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

You are allowed 7 years on the L1A and if you can prove that you worked for 1 in the last 3 years in a managerial role you can file.

However, since you will only get about 2 years and you just have 6 more months left to set the clock My recommendation would be to wait and get the full 7 years.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 11 months ago.
Thanks for your response.Regarding the clock reset to file for a new L1A (In order to get 7 years), the 12 month clock is to re enter the US or the clock has to reset to start the VISA filing process itself?
Expert:  Judith Ludwic replied 11 months ago.

The petition can be filed up to 6 months in advance of the start date.

The start date cannot be before you have completed the one outside the US. Your new petition approval date could not be before March 15, 2017. Any portion of a day in the US is considered a full day in the US.Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 11 months ago.
FOR JUDITH....I dont want to go for the new petetion in which I will get 7 years . Also I dont want to wait till 12 months clock reset.My Question is, if I want to get the 2 yrs ... Can I apply for L1A immediately. I am on managerial role past 2 years and my employer is ready to file my L1A. I just want to know, if its legal to start the process immediately, in order to get the 2 yrs? or is there a wait period for that too ?
Expert:  Judith Ludwic replied 11 months ago.

My Question is, if I want to get the 2 yrs ... Can I apply for L1A immediately. I am on managerial role past 2 years and my employer is ready to file my L1A. I just want to know, if its legal to start the process immediately, in order to get the 2 yrs? or is there a wait period for that too ?

There is no waiting period. Many L1Bs change status t L1A in the US. Since you meed the managerial requirement, your employer may file now.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 11 months ago.
But i am not in US. After my max out March 14,2016 I returned to India. I am in India currently. To file for a L1A (to get for 2 yrs) , can I start the process immediately ?
Expert:  Judith Ludwic replied 11 months ago.

I know you are not inthe US I just told you that it can be done anytime whether you are in US or out of US. No waiting period.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

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