Can I change a B2 visa to a L1 visa? 7 Answers as of July 19, 2011

I recently got 10yr B1/B2 visa stamped. I'm married and my wife got the same visa, we had applied for tourism. Can I apply for L1A visa once I come to USA, will I be approved? Also is there a waiting period (say 2 or 3 months)only after which I can apply for adjustment of status? Thank you in advance.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Oltarsh and Associates, PC
Oltarsh and Associates, PC | Jennifer Oltarsh
If you are in the U.S. in valid status you can file a petition to change to another status. The approval, of course, depends on satisfying eligibility requirements. Residence, likewise, requires satisfaction of the legal requirements. I would suggest consulting an attorney.
Answer Applies to: New York
Replied: 7/19/2011
Baughman & Wang
Baughman & Wang | Justin X. Wang
You may apply for change of status from B to L1A if you are qualified. L-1A is a working visa so you cannot adjust your status to green card.
Answer Applies to: California
Replied: 7/15/2011
Fong & Associates
Fong & Associates | William D. Fong
If you are in the US, you cannot apply for a "visa" as visas are only issued by the US Department of State, at the US consulate or Embassy, outside the US. You should apply for the L-1 visa first, enter the US, then if your company has a documentable need for a permanent executive, then they can file for the EB-1(3) green card for you.
Answer Applies to: Texas
Replied: 7/15/2011
Law Offices of Iman Abouelazm, P.A.
Law Offices of Iman Abouelazm, P.A. | Iman I. Abouelazm
You may apply for L1A visa or any other applicable visa as long as you maintain lawful status and presence. There is generally a presumption of fraud if you apply for a change of status within 90 days of entry. You should not apply to change your status before 90 days of entry to avoid the presumption of fraud. However, this presumption may be rebutted. Also, please note, "Adjustment of Status" is a term that means becoming a lawful permanent resident. "Change of Status" refers to changing visa types. This is a general answer to your question. It is best to consult with an attorney about your specific situation and goals for the most accurate and reliable legal advice. Good Luck!
Answer Applies to: Florida
Replied: 7/14/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
There is no simple answer and you need to see a competent immigration attorney. Technically if you can prove you entered without the intent to alter your visa, then you can change status to L-1A in the US. But you want to also look at whether or not the company meets the correct requirements. Also it is unusual if you have worked for a company abroad for them to COS in the US instead of consular processing for the L visa, so make sure you qualify on that basis. In terms of adjustment, I normally recommend that my clients are in status for more than one year of L-1A status but this will depend upon the specific facts of both the foreign and US entity in terms of employee numbers, revenue, etc.
Answer Applies to: California
Replied: 7/14/2011
    Reza Athari & Associates, PLLC
    Reza Athari & Associates, PLLC | Reza Athari
    B 1/2 visa is for pleasure and/or business. It is not to circumvent the immigration process. If you intend to change your visa to L category, you should have advised the US consulate about your intention or possible change of status. I recommend that you advise the inspector at the airport that you are planning to look into opening a business and eventually may change visa category. The safest way is to come to US to explore your possibilities and if you decided to open a business, apply for L visa but go back to the US consulate.
    Answer Applies to: Nevada
    Replied: 7/14/2011
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    You can change your status to L-1 if you are in status when requesting the change if you have the required overseas employment. The changes of success depend on the merits of the underlying visa petition. As far as applying for adjustment of status, your employer must file an immigrant visa application for you. Whether this is possible depends on the company situation, your overseas employment, and the offered position if you will seek a green card through the company that petitioned you for an L visa. There is no waiting period since you can have immigrant intent while being in L status. Bottom line is that your question is too convoluted for simple answer and you should consult an attorney.
    Answer Applies to: California
    Replied: 7/14/2011
Click to View More Answers: