how to apply L1 Visa while in H4

Hi Saurabh,

We live in US right now, came last year - Apr 2012 I have H1, wife in H4. my wife worked for a big MNC in India for 10 years, had L1 visa, traveled to US many times

After H4 stamping, she quit that MNC and came here. Last month, she took an interview with the same company but other dept. Like she was worked in avionics engg for 10 years and now she took interview in industrial automation. She got selected in all technical rounds. Got call from HR this morning. she said, they would like to get on onboard in L1 instead of H1 but said, we have to wait till Apr end. She says, the company can re hire her and get her on L1 based on the fact that she has been employed with the company for the last 10 years. She has come earlier in L1B and the MNC is not in IT consulting. They are in Core engineering.

My Query: What is the process for applying for L1 while we are in US with H4. Does she have to go back to india or get her stamping done in Canada.

Any suggestions are welcome.

She is eligible for L-1 if:


- she has worked for that employer outside US for 1 year in past 3 years.


- the work involves use of employer proprietary skills, technology, expertise, tools etc which is not known outside the employer


If eligible, they can file L-1 along w/ COS from H-4 to L-1. If COS gets approved, then she can start working on L-1 from COS approval date. She doesn't need to get L-1 visa stamped as long as she is is inside US.