Can Change of Status from B1 Visa to L1 be filed without Form I-129 Petition?

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Can Change of Status from B1 Visa to L1 be filed without Form I-129 Petition?

One of our employee is in US for Business trip, and now the company wants him to
setup a new office in USA under L1 status.
Currently he holds B1 Visa and now to open a new office in US, his status should
be changed to L1, so Form I 129 mandatory or We can directly file For 539 for
change of status directly?

Asked on April 1, 2016 under Immigration Law, Iowa

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No a I-129 with the L supplement and all the supporting documentation would have to be submitted to USCIS.  It is not simply a change of status, it is also a determination of whether the newly set up office in the US would qualify for the L-1  classification for you.  Please email me if you have any additional questions or require assistance.


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