An approved I-140 cannot be used as a basis to extend L1B status beyond the 5-year max. Rather, to be eligible to return in L1B status, one typically would need to leave the U.S. and work in a qualifying position with the foreign employer for at least 365 days.
Full Answer
How long can a L1 visa be spent outside the US?
Recapturing Time Spent Outside of the US. As an L1 visa beneficiary, you are given a maximum period of 5 to 7 years depending if you are on L1A or L1B visa. Periods of time spent outside of the US do not count toward the 5 to 7-year total.
What is the difference between L1a and L1b visa?
The L-1A visa for managers and executives has a maximum period of stay of seven years while the L-1B visa for workers with specialized knowledge has one for five years.
What kind of green card can I get with An L-1B?
Because the L-1B is a work visa, we’ll take a look at the employment-based green cards that would be available to L-1B visa holders. The first is the EB-2 green card. This immigrant visa is designed for people who possess exceptional ability in their field or hold an advanced degree in that field.
What is a new office for an L1 visa?
For L1 visa purposes, a “new office” is a company that has been doing business for less than 1 year. Typically, an L1 visa is initially granted for a 3-year period with 2-year extensions available (2 extensions available for L1A and 1 extension available for L1B).
Can L1 visa be extended with I-140?
Answer. Time spent in L1A status generally counts against the 6-year max for H1B time. An approved I-140 cannot be used to extend L1A status beyond the 7-year max, but can be used to extend H1B status beyond the standard 6-years allowed.
How do I extend my L1B visa after 5 years?
An L-1B has a statutory maximum of five years. It cannot be extended beyond the fifth year. In order to reset the five year clock, you would need to be outside the US for at least one year...
Can L1B be extended?
As a specialised knowledge intra-company transferee, you will initially be granted an L1B visa for a period of three years. Thereafter, and subject to continuing to meet the relevant criteria, you will be eligible to apply for a visa extension in increments of up to two years.
Is L1B eligible for EB1?
L1B Eligibility for Permanent Residency. L1A visa holders may file for a Green Card in the EB1 category. They can avoid completing the Permanent Labor Certification and often receive their Green Card within 1 year. L1B visa holders may apply for permanent residency but must also apply for labor certification.
Is L1B better than H1B?
H1B has stringent requirements while L1 Visa is more suitable for multinationals and is less time consuming than H1B visas. Also, L-1 and H-1B have ˜dual intent in that visa holders in both categories can aim for green card while staying as a nonimmigrant in the United States.
Can we convert L1B to H1B?
Can I change my L1 visa to H1b? Yes, you can change your L1 Visa status to an H1B status through the H1B lottery. Your employer needs to nominate and sponsor you for the status change.
Can L1B be extended beyond 5 years?
In your L-1 extension, you may request that your period of stay be extended from December 1, 2024 through November 30, 2026. Similarly, for L-1B visa holders, you may request two-year extensions, until you reach your five-year maximum.
How can I extend my L1B visa in USA?
If you want to renew or to extend your L1 visa status, then it is mandatory to file an official form – namely Form i-129. But you should do that before the expiration date of your visa – that's very important. Concurrently, you should assemble a bunch of key documents and bring them to a US consulate or a US embassy.
Can L1B be converted to L1A?
It is possible to transfer from an L1B to an L1A visa, although any application must be approved six months prior to the expiry of your existing visa. You must also satisfy the eligibility criteria for an L1A visa, namely by being employed in a managerial or executive role.
Is it easy to get green card from L1B visa?
L1B visa holders may apply for permanent residency but must also apply for labor certification. This process requires the employer to prove that there are no U.S. workers who are qualified to fill the L1B employee's position. The green card is filed under EB2 category and may take several years to be processed.
Which is better L1A or L1B?
If you're a manager, executive, or business owner, an L1A visa can grant you a stay for as long as 7 years. If you're an employee with specialized skills and knowledge, an L1B visa grants you a stay for as long as 5 years.
Can you switch jobs on L1B visa?
Can I transfer or change jobs on an L-1 visa? Yes, you may transfer employment or change jobs but only to another location with the same company, or to another affiliated company in the United States. You must notify the U.S. Citizenship and Immigration Services (USCIS) of any significant changes in your employment.
Can l1b be extended beyond 5 years?
In your L-1 extension, you may request that your period of stay be extended from December 1, 2024 through November 30, 2026. Similarly, for L-1B visa holders, you may request two-year extensions, until you reach your five-year maximum.
How can I extend my L1B visa in USA?
If you want to renew or to extend your L1 visa status, then it is mandatory to file an official form – namely Form i-129. But you should do that before the expiration date of your visa – that's very important. Concurrently, you should assemble a bunch of key documents and bring them to a US consulate or a US embassy.
Can L1B visa be converted to green card?
If you intend to go from L1-B visa to green card you will need to get approved through USCIS for an immigrant petition (under an immigrant visa classification) via I-130 or I-140 and subsequently go through the adjustment of status process or apply for an immigrant visa via consular processing.
Do I need to leave the US to renew my L1 visa?
Once you have reached the seven-year validity period and you still want to continue living and working in the U.S. with an L-1 visa, you will need to reapply for a new visa. This means that you will need to leave the United States and work abroad for at least one year to be qualified to request another L-1 petition.
How long can an L-1 visa be extended?
An L-1 visa extension can be granted in two-year increments at a time up to the maximum duration for each visa category. The L-1A visa for managers and executives has a maximum period of stay of seven years while the L-1B visa for workers with specialized knowledge has one for five years.
How many employees are required to apply for L-1 extension?
To qualify for an L-1 blanket extension petition, the U.S. company must have at least 1,000 employees, must have obtained L-1 visas for at least 10 employees in the past year and have combined sales of at least $25 million.
How long before I-94 expires can I apply for an extension?
Your employer can submit your extension request to the USCIS as early as six months before the expiration date indicated on your I-94. You can apply even in a month before the expiration—what matters is that your petition reaches the USCIS before your status expires.
What is the difference between a regular and blanket L visa?
The regular extension requires an application and approval for each individual beneficiary. On the other hand, the blanket visa extension is for employers that hire a significant number of intra-company transfer employees, allowing them to file one petition for many workers rather than just one.
What is an L-1B blanket petition?
An L-1 blanket petition is used by large companies to pre-qualify L-1 employees for a transfer. The benefit of an L-1 blanket petition is once it’s approved, the company is able to transfer employees rather quickly without the need to file separate petitions. L-1B blanket visa extensions may be added on indefinitely.
How long do I have to wait to work after I-94?
If your status expires while your case is still pending with the USCIS, you will have an extra 240 days after your I-94 expiration to continue working with the same company.
What is a letter from a foreign qualifying employer?
Letter from foreign qualifying employer detailing the beneficiary’s dates of employment, responsibilities, and salary in the previous 3 years of employment
What is an L1 visa?
The L1 visa allows a foreign company to transfer certain employees to work for an affiliated US company.
How long can I stay in the US with an L1 visa?
In this guide, I will discuss the L1 visa duration and how to potentially extend your stay in the US beyond the 5 and 7-year maximum time limits.
What is the difference between L1A and L1B?
The L1 visa category is broken into 2 subcategories: L1A and L1B. The L1A visa is issued if you will be working in the US as a manager or executive. The L1B visa is issued if you will be working in the US as a specialized knowledge worker. The total L1 visa duration depends on whether you are applying under the L1A category or the L1B category.
How long is an L1 visa good for?
Typically, an L1 visa is initially granted for a 3-year period with 2-year extensions available (2 extensions available for L1A and 1 extension available for L1B).
What determines the duration of an L1 visa?
Another factor that determines the L1 visa duration (from a procedural standpoint), is whether you will be applying for an L1 visa as a new office or as an existing office.
What is the job of a L1 beneficiary?
The L1 visa beneficiary must work for the US company as a manager, executive, or specialized knowledge worker.
How to change status from L1 to non-immigrant?
To change status from L1 to another non-immigrant status, you must file your petition to change status while you are in current, valid L1 status.
How long is an L1B visa valid?
Existing office L1B visas, on the other hand, are normally granted for an initial period of 3 years.
What is an L1B visa?
The L1B visa was designed to allow foreign companies to transfer certain foreign workers to the United States so that they are able to work as a specialized knowledge worker for an affiliate US office.
What is the difference between L1A and L1B?
There are 2 separate classifications of L1, which are the L1A visa and the L1B visa. The L1A visa is for foreign workers who will be working in the United States as either a manager or executive. The L1B visa is for foreign workers who will be working in the United States as a specialized knowledge worker.
How long can a foreigner work in the US with a L1B visa?
With an L1B visa the foreign worker can work in the US for up to 5 years.
How long do you have to be employed to file for L1B?
The L1B visa beneficiary must have continuously been employed by the foreign company, full-time, for at least 1 year within the previous 3 years prior to filing the L1B petition.
What is the qualification for L1B visa?
To qualify for an L1B visa, the beneficiary must be coming to the USA to work in a position that requires specialized knowledge.
How long does it take to get an L1 visa?
Upon approval, an L1 visa should be affixed to your passport within roughly 1 week.
What is an L-1 visa?
The L-1 visa is designed for multinational companies to transfer their foreign employees to a branch, subsidiary, office, or affiliate in the U.S. These employees, however, must fall into one of these two categories:
What happens if I don't get approved for an I-485?
Another implication of moving from an L-1B to a parolee status is that if your I-485 petition is not approved, there will be no nonimmigrant status to fall back on, and this will put you at the risk of being flagged for an unlawful stay and unauthorized employment.
What is required to get an EB-2?
An L-1B holder seeking an EB-2 NIW green card must be able to prove that waiving the PERM labor certification process will be in the interest of the United States. In other words, the applicant’s endeavor in the U.S. will benefit the country.
How many years of experience do you need to be a skilled worker?
To qualify as a skilled worker, you must: Be able to demonstrate that you have at least two years of experience, training, or education that meets the job requirements shown on the labor certification. Have a job offer for a position in your field.
What is the second green card?
The second is the EB-3 green card for professionals (bachelor’s degree holders), skilled (experienced) workers, and unskilled (inexperienced) workers. A professional is an applicant whose occupation requires a minimum of a U.S. bachelor’s degree or equivalent foreign degree and is also a member of that profession. A skilled worker is an applicant whose job requires at least two years of work experience or training. An unskilled worker is an applicant whose unskilled labor requires less than two years of training. Each of these 3 categories of EB-3 applicants has its own requirements.
How to qualify as a specialized employee?
In order to qualify as an employee with specialized knowledge, you must have knowledge of the company’s product, research, techniques, service, or equipment that makes you indispensable to the company’s functions in the U.S. This must extend further than simply having experience in the field. You must have been working for the company for at least one consistent year in the three years prior to petitioning.
Can I apply for an I-765 and an I-131?
The I-765 is an application for an employment authorization document while the I-131 is an application for a travel document. Because AOS is a long process, these two accompanying documents are issued to allow applicants to work and travel lawfully while their green card application is pending.
