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L1B Personal Eligibility - Urgent

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  • L1B Personal Eligibility - Urgent

    I am working for a large IT company. My company wants me to relocate to the US.

    Generally I am supposed to enter on L1B visa. I have a lot of specialized knowledge, etc.

    However I heard that I may not qualify for L1B on the following ground: I work in IT for the last 4 years (3 years in my current company), but my college degree (Law) has nothing to do with my work.

    Can it really prevent me from getting L1B? Any ideas appreciated.

  • #2
    I am working for a large IT company. My company wants me to relocate to the US.

    Generally I am supposed to enter on L1B visa. I have a lot of specialized knowledge, etc.

    However I heard that I may not qualify for L1B on the following ground: I work in IT for the last 4 years (3 years in my current company), but my college degree (Law) has nothing to do with my work.

    Can it really prevent me from getting L1B? Any ideas appreciated.

    Comment


    • #3
      I doubt it. There are very few req's for a l1b person besides the company aspect. If you're doing computer stuff -- that's usually good enough.

      The best part of the l1b is the quick turn-around which goes for your adv.

      Meaning, if you file and get decline (you get an answer from the consulate quick -- there's no "service center" processing) -- just fix the errors and re-file. Denied again? Re-do it! It's a major loophole in the system. I know of a few l1b's I worked with who told me, all you gotta do is keep at it, keep at it -- until it gets approved. They always tell you why it gets denied, and then you fix it and re-file.

      -= nav =-

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      • #4
        The L-1B specialized knowledge visa category is not degree-specific. In fact, you don't even have to have a degree in order to qualify, as long as you possess specialized knowledge and have worked for your current employer for the requisite time. The maximum time on L-1B is 5 years and you are NOT eligible to adjust status unless you change status to L-1A (manager/executive) or H-1B (which is a degree-dependent visa and you may not qualify for it).

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        • #5
          Thanks guys, that's what I thought too after reading the formal L1B requirements. All is good so far as the theory goes.

          The problem is, as one of our corporate lawyers claims, that lately USCIS tends to interprete this very strictly. Something like: "OK, are you really an expert? How come if haven't even got the formal training?"

          As they say: In theory, there is no difference between theory and practice. In practice, there is a big difference.

          Does anyone here know about specific recent cases similar to mine that were resolved positively?

          Comment


          • #6
            I used to work on thousands of L-1Bs for Indian programmers/analysts and yes, lately USCIS was questioning each and every "specialized knowledge." In these cases, however, all were approved because these people worked with proprietary technologies (meaning that the company they work for patented technologies and only that company and its employees are skilled in marketing, servicing and installing them).

            I must add that whether USCIS will question your L-1B depends a lot on what your specialized knowledge is. For instance, I worked on a Swiss watchmaker. That was a no-brainer. Certain luxury watches require very specialized knowledge. But, for instance, you are bound to find more scrutiny if you work in the IT/computer field. Again, knowing C++ is no longer specialized knowledge. Knowing more esoteric languages or possessing specialized knowledge about your own company's proprietary products and software, for instance, is more likely to be approved.

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            • #7
              Thanks a lot, NYCImmParalegal.

              What you say sounds promising. I guess the only thing left for me is to use your reply as a secret weapon against our die-hard HR personnel

              Comment


              • #8
                You better hurry up. The IS is in the process of tightening up the L1b rules -- cuz so many indian IT companies were using it to bring over cheap labour and then "outsource" them to American companies and pay them $30k per year. Since the H1b is being cut-back, everyone is switching to L1B's and the IS had no idea that would happen and go caught with their pants down per se.

                -= nav =-

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