I am currently in India working as an HR. My husband travelled to US couple of months back on H1B and I also have H4. My employer is a US based MNC and is willing to apply for L1A individual. I have travelled for 6 weeks on B1 before getting H4 stamped.
Now my questions are:
Will there be any issues in the VISA application?
Can I travel to US under H4 while L1A application process is on?
How long will it take for the L1A to be processed?
Will there be a formal interview, just like H1B? If I travel to US on H4, should I again come back to India for interview and stamping?
Most important : I am HR with 7 +yrs of experience and I directly report to Director HR who is in US. I manage the complete HR function in India though I have only 1 subordinate. Will my application go through? Will I be encountered with lot of questions regarding H4 to L1A conversion if I dont travel at all on H4?
Kindly request your reponse based on which I can request my employer whether or not to process my application. If there is a sure case that for an HR L1A VISA will be rejected, I do not want to waste the time and money of my organisation.
You will have 2 options - either return to home country and appear for L-1 visa stamping, and then travel to US on that visa. The other option is to file COS (change of status) while continuing to stay within US. No stamping is required until your next travel outside US, and you can start working on L-1 once COS gets approved. You will have to check w/ L-1 employer about which option to go w/.
It may run into issues as you have only 1 person reporting to you. Your immigration team must have evaluated your case before deciding to file the L-1A.
Thanks Saurabh! But as per the USCIS website, “Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization. It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others”.
As per my understanding one does not necessarily have had been supervising employees in the current role but has to be of a managerial capacity in the role in the US. I have been with my organization for 7 years all through in Human Resources. As opposed to most people with a technical background, I manage and provide strategic advise to more than 70 managers & executives from the HR function for these businesses but have 1 employee currently reporting directly into me. In my new role I will have to singehandedly manage a large HR function and manage supervisors who in turn have 300 employees but no direct reports under me. Do you still think this is an issue. If yes do you suggest that i ask my employer to process H1b than L1A? IF H1B I guess there is no option of change of status. Please confirm
I meant you are correct in your response. It may get approved based on what you have described above. Still it will depend upon how your attorney frames the case and shows the eligibility to L-1A visa.
