Miami, FL asked in Immigration Law for Florida

Q: It's been 3.5 years since I came to the US after L1B was issued. Can I still switch from L1B to L1A? Or too late?

I'm on my L1B, and it's been 3.5 years since I came to the US.

Knowing that L1B has 5 year max duration, just based on the timeline, I am wondering if I would be still eligible to apply for L1B to L1A conversion now.

I worked as a manager for the company oversea, and also I was also recently promoted to a manager for the same company in the US.

Source A indicates that the L-1A petition must be filed before the applicant has completed 4.5 years on their current L-1B visa. (At least 60 days before L1B expiration).

Source B indicates I had to apply for such L1B to L1A conversion during the first 2 years of L1B based on the 3 year limitation. **You have to be employed as a manager outside the US for at least one year during the past three years before you file the L1A petition** i.e. [One year outside US] + [2 years on L1B] = 3 years

These two are obviously contradicting each other. I just need a simple answer for this.

Thank you so much for your advice!

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1 Lawyer Answer
Linda Liang
Linda Liang
Answered
  • Immigration Law Lawyer
  • Boca Raton, FL
  • Licensed in Florida

A: Yes, you still can.

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