L1 to H1B visa conversion Advantages ? L1 to H1B transfer, change of status implications in US
I have seen many of my friends who come to US on L1 visa from a major Indian IT consulting company like Infosys, Wipro, Cognizant, TCS, etc and covert to H1B visa after one year or even less. I will try to explain some of the advantages of this process.
Job Market myth in US :
One of the biggest myths when you are applying for H1B visa petition is, you do not know how the job market is in US and How everything works down here in US. People are kind of skeptical about the situation here. I completely agree with perception of situation. Many of the big IT vendors like CTS, TCS or Infy, etc have implementations in US and they bring in their employees to work on site in US. IT people work very hard in India to get an onsite chance including countless sleepless nights and late night conference calls. The bad part is, L1 visa working employees realize after coming to US, that they are not well compensated when compared to their counterparts working on H1B visa in US. Guess what, once they get grounded well around here in US, they plan on L1 to H1B conversion. The process of L1 to H1B transfer is not very complicated.
Advantages of L1 to H1B transfer & implications :
There are many advantages of L1 to H1B visa transfer. Let me list them:
- Job Market in US Study : The biggest advantage is, if you are already in US, you have a fairly good understanding of how the job market is performing in US. You can talk to people, talk to vendors, talk to friends, talk to recruiters, etc and figure out the job situation for your particular area. You may also check the article for job market study : US recession impact on H1B visa filing for 2011 quota? How is Job Market in US in 2010 – 2011 ?
- Playing Safe : You are playing it very safe, there is no risk involved. Worst case scenario, you can still stay in US on L1 visa if you realize the Job market is not improving.
- Seek Full time Employment with Clients : Your opportunities are not limited to just IT consulting companies. You can start looking full time opportunities with a Client company. Might not be the client company you serve on L1, other similar Clients or American companies who need people with your skills. Your opportunities are in fact, endless.
- L1 to H1B change of Status : Change of status is very simple from L1 to H1B visa. The transfer process is seamless. You can transfer your status from L1 to H1B visa and start working as soon as your H1B starts in October. You do not need to go to visa stamping, unless you plan to leave the country for some reason and re-enter US.
- Choosing Good IT consulting company : You can talk to real companies and verify their authenticity. It is easy to find companies information in US, than in India. Your network is much broader. You have good chance of connecting with people in a company and you can make a wise choice for choosing a consulting company if you have to. For more info, check article : How to Choose your H1B sponsor employer
- Job search, first consulting project time save : You are not wasting any time for job search. The idea is, you keep working on L1 visa and then look for a Job and then take up an opportunity only when you find a good project, at least the first project. You have an option to choose the project. No time is wasted for break through. Typically, first consulting job is the harder part. Good things is, you do not have to waste time for the first job.
- Help for projects : The other added advantage is, lets say you start a project and you need some technical help or need to discuss some things about anything, you have a chosen set of old company friends who can help you to solve the issues.
I can keep on writing… the above listed seem very logical and definitely gives you an advantages. Your strategy for applying for H1B visa in 2011 should be a safe bet with the current economy and recession. If you come to US on L1 visa and then transfer from L1 to H1B, you are playing a safer bet. On the other hand, you may have lot of work load and other commitments on L1 visa because you may be the only person on site, but “there is no free lunch, you may have to work double shift to hedge the risk…”
Do you know any other advantages ? Add a comment…
If you like the article, rate the post or add a comment ! please subscribe ! If you like the info on the website, write a Testimonial ! Spread the word about website to your friends who need this kind of information! Sharing is Caring !
Do you like the article ?
Like and Give Google +1 for this Article :
Related posts:
- H4 visa to H1B visa transfer for 2011. Impact of New H1B rules on H4 to H1B visa conversion 2011 Quota
- New H1B rules impact F1 / OPT status to H1B visa for 2011 ? Options for OPT to H1B conversion
- Process of F1 to H1B Visa change of Status. OPT Rules, Planning – Tips
- Change of Status (COS) – F1, H1B, L1, H4, L2, F2 – FAQs – All you need to Know !
- Change of Status or first time H1B visa stamping Canada or Mexico? H4 to H1B, F1 to H1B etc ? Go to Home Country for visa Stamping?
{ 2634 comments… read them below or add one }
« 1 … 14 15 16
Hi Saurabh,
I am currently working for a consultancy on H1B.The consultant holds my H1B. I am getting paid salary properly but on irregular intervals.Sometimes the consultant pays twice in a month and sometime once in a month with full pay.I am having all salary records in my bank statement. the consultant is not giving the pay stubs which is worrying me.
1.Can i use my bank statements in place of pay stubs if i want to change job?
2.Will USCIS accepts bank statements instead of pay stubs at the time of new H1B petition submission?
Saurabh,
Here is my situation ,
I joined the company based on the DHL Tracking No. (without my H1 Transfer receipt ). Now its being almost 4 week . and still i am waiting for my reciept. My company is folllowing with UICS , but i m little worried what will happen if UICS will say that they din’t receive anything.
I am also want to know the potential resons for this delay. My all other things ( leasing the appt. ) are dependent for current things.
Ashutosh
Ashutosh,
The receipt might be lost in transit or might have been sent to wrong address. You will know more when your employer talks to USCIS.
Saurabh ,
Thanks for your support so far . I checked with my employer and i got the following reply.
“Ashutosh,
The application was sent out to USCIS as intimated earlier. We have observed certain delays from USCIS on H1B Transfer, extension, change of status applications. As soon as we have any status update from USCIS, we will update you too.
Till now USCIS has not encashed the cheques sent along with your application also. We are continuously monitoring the same.
”
Please suggest me what else i can do. My Company is Mid size Company.
Ashutosh
Hi Ashutosh,
Just want to let you know that my husband H1-B transfer was applied on 05 APR 2012 and its on post decision stage on 16 May.
Good luck.
SS
Its not from L1 to H1. H1 transfer from one to another.
Hi Saurabh,
I came in USA on Feb 2011 on L1B with company A, I applied my H1B Visa with Company B and I got the approval for H1B by Aug 2011. But Company A forced me to go back to India. I didnt have any choice and I had to go back India in Aug 2011. I didnt go for H1B stamping due to fear of rejection.
I again came back to USA by Dec 2011 on L1B visa on Company A. Company B still holds my H1B Approval copy. So they are marketting my resume. But I am still working with Company A on L1B visa.
Now here is the complex situation: Yesterday I got a job offer from XYZ client. I know that amendment will be filed by Company B (holds H1B) for XYZ client. But I got to know from Company B that “Amendment will be filed after one week of joning XYZ client.”
My questions are
1) is it ok to file for amendment after joining new client? what if it gets rejected? will i have to pack my bag and go back to India since I already left my Company A (holds L1B).
2) I came in US with L1B in Dec 2011 though i had my H1B approved copy (but not stampped) and now I am filing ammendment….. what are the chances of rejection?
3) Company B (H1b) is telling me that amendment can not be filed before joining client XYZ….. is it really true? if thats true then i will be in tough situation… becase i would have said GOOD BYE to my company A and then I will be trying my luck with amendment process of company B…. if result is negetive then I am ALL GONE..
4) Can Company B file my amendment before I join client XYZ…?
U have been very helpful to everyone.
Manish,
1. Your current status is L-1. In order to start working on H-1, COS to H-1 needs to be filed. Unless COS gets approved you cannot work for B on H-1. At the time of filing COS, they can file H-1 amendment as well for the new client.
2. Chances of approval vary from case to case
3. Refer to (1). If COS gets denied, you can continue working on L-1, and if it gets approved then you have to join B from COS approval date
4. Refer (1)
Hi Saurabh,
Thanks for the reply. I just got to know from my company B that they wil file my amendment after 1 month of joining Client XYZ. But then I asked them whay cant they do it before I join Client XYZ. Then their response was “We need 1 month’s pay slips inorder to file for your H1 amendment. Your amendment date will be the starting/joining date of client XYZ.”
I really dont know how much truth it holds..
Company B also told me that this year they filed 20 H1 amendments and all of them got approved.
the questions that are killing me
1) Is it officially ok to change the status (COS) from L1 to H1?
2) Is it officially valid that even after holding H1 (but not stampped) I came to US on L1 and worked on L1.. and now I got a project and switching to H1? Am I an exception or there are so many people who do this?
3) Is it ok to file an amendment after joining the new Client XYZ?
Please help me..
Hello Saurabh,
Thanks for the post and replies to all the other’s questions – and now this is page is like a FAQ
Anyways, I do have a question. Im here in the US in L1B
1. I do have a H1B from the same company as L1B – But i dont have the petition # – is there a way to get it through USCiS ? I cant get it from my current employer for sure.
2. If I get a new H1b (without COS) from a different employer :
Immediately (in sep 2012) can I go out of the country (say Canada or Mexico or even to India) for stamping H1b and if it gets rejected – can I come back to the US in L1B ?
Sathya,
1. You can only get it from employer/attorney
2. Yes, this can be done. However, you need to keep in mind:
- one is recommended to go to home country for 1st H-1 stamping especially when one hasn’t completed education in US
- officer at times cancels the L-1 visa stamp when approving H-1 visa stamp
Oops….
Thanks !!
Sathya
You must have signed a contract or agreement with your L1B employer that you are not to join other company
well uscis is now taking this seriously.
They have recently contacted their present employers and employers are sending them back to india
Forgot to mention ,their employer is TCS
I heard a similar incident ( USCIS contacting the the current L1 Employer), not sure how far it is true. Are these isolated cases or did any one else came across such cases? If it is true then it could be a risk as the emploer will ask the employee to leave teh country.
Are you guys serious ?
How can I find if my employer has a checkpoint like this ??
That’s strange and unfortunate.
If the L-1 employer makes the employee sign a contract in US, that is void and USCIS should know that. If the L-1 employer made the employee sign the contract outside of US, then is USCIS saying that they will be upholding that bonded labor contract in US? I am sure that US courts do not upheld bonded labor contracts signed outside of US in US, then why is USCIS going this way.
Is this a way to keep the L-1 employer community happy? Will they now start contacting H-1 employers when a person goes for H-1 transfer?
Hi Saurabh,
Completely agree..It’s unfortunate that all most all services companies resoring to bond culture when they send employees on L1 / H1.
The bond may not be valid in US courts but still it’s a weapon for the employer to threaten teh employees opting for clean exit.
On USCIS contacting the employer, I am not sure how far that is true or any special scenario, but if it happens then the emploeyer would not spare.
Hi,
Currently I am in L1-B and is valid till Jan-2013. Now my current employer is applying for H1b. The thing is I am planning to go India in July-3 to July 23 for my sister marriage.
So the question is if my H1B gets approved by then, Is it required for me to go for Visa stamping in July?
Please advice.
Narayana,
Two scenarios -
1. H-1 gets approved w/ COS prior to you leaving US. In this case, you can return on L-1 visa prior to Oct 1 and then be on H-1 from Oct 1
2. H-1 gets approved after you left US. In this case, you can either return on L-1 visa and then file COS to H-1, or get H-1 visa stamped and return on it. H-1 stamping can be done after July 1, and you can return on H-1 after Sep 20th.
Hi Saurabh,
My friend is MCA post graduated and which category he falls like regular or masters quota. If he falls in Masters quota, once cap reached to limit, is he eligible for regular quota if still quota remains. Can you pls clarify me on this?
Thanks,
Subba
Subba,
I assume the MCA was done outside of US. In that case he has to file under general quota. Only people who have done Masters in US qualify under Masters quota.
Hi Saurabh,
My I 94 expires August 30, 2012. I applied I 94 extension and got an RFE. If it is rejected after responding to RFE, Can I stay here till my current I 94 expiry date?
Raja,
Yes, you can stay until current I-94 expiration date.
Hi,
I am in US on L1 with company A.
I got H1b approved from Company B this year which will be valid starting Oct 1 2012. Could you please clarify the following:-
1) Can I continue in L1 after Oct 1st?.
2) How do I know if my H1b is filled with COS or not?…
3) In my H1b approval email it shows “Ending validity” is 08/31/15 . Why it is not October 2015?… Any specific reason?..
Suvi,
1. Only if H-1 has not been approved w/ COS
2. You will have to look at the 797 for H-1. If there is an I-94 attached, then it was approved w/ COS and will become effective from that date
3. Don’t know why it was issued for 1 month less
Hi Saurabh ,
I switched the company in US . I joined the new company without receiving the Receipt no , but i had the Fedex Tracking No. When i joined . Now its being 3 week and forth is running and still i dont have the receipt.
Please let me know if there could be issue.
FYI : It is a H1 B Transfer Case and My Application was submitted in Boston Office.
Ashutosh
Keshav,
AFAIK, only Vermont and California centers process H-1 petitions. Not sure which Boston officer your petition was sent to.
It is ok to join the new employer as soon as the petition has been received by USCIS (even before receipt number is generated). Check w/ your attorney on which Boston office petition was sent to, and whether it has been correctly filed. If yes, they can contact USCIS to follow-up.
Hi Saurabh,
Nice post, logical & professional I have to say.
So, I still have 2 questions after reading this, pls help if you don’t mind:
1) Is there any difference on green card application (or waiting in the queue of green card been granted) between L1 & H1b visa?
2) I do know that H4 cannot work directly there except the employer wanna apply another H1 for him/her. But is there any difference on the medical insurance for L2 and H4? And any difference on the education to the children with L2 and H4?
Sorry for bothering, sir, but I’m really newbie on this. So i gonna quite appreciate if you could answer them with similarly logical & professional words, just like the article above.
Have a nice day!
Your Sincerely,
Sam
Sam,
1. When applying through L-1 route, one doesn’t need PERM application to be filed. Rest of the process is same. So this saves around few months
2. There is no difference in terms of medical insurance as both can be added to primary beneficiary’s health insurance plan. Also, there is no difference on the education
Hi Saurabh,
Thank you very much for prompt answering.
You gonna be a lucky guy since you helped too many people with quick & professional response – without $ needed.
Best wishes to you!
Sam
Hi Sourabh,
Thanks for you quick replies.
I am on L1, i want to apply for H1, if my H1 is approved. Can i still work on L1 with the current company, so that my wife continue on L2. I want to hold an H1 visa to use only if my current company did not get the project extended and want me to leave US. Will that be a workable approach.
B,
If you want to work on L-1 after H-1 gets approved, then you need to get H-1 filed w/o COS. This way, your status will remain L-1 after H-1 gets approved, and your wife can continue to work on L-2.
Saurabh,
Thanks for the reply..
File H1 without COS, means if i want to convert after sometime (may be 1 year) then i can get the Change of Status, right.
B,
Yes that or go out of US and enter on stamped H-1 visa.
Hi Saurabh,
I am currently working on L1 B since 2 yrs and my I-94 is valid till 20th Oct 2012.
Due to some issues i’ll have to travel to India in Nov/Dec 2012. This is the reason i am not filling H1 B now, as it will be too risky to leave US just after getting H1 approved through a new employer. The current employer is not filling H1 B either.
As I need to stay on L1 any how till 2013, please help me:
1. Can I file L1 extension and what is the earliest month I can apply in (if I-94 expires in Oct)?
2. How much time does it take to get approved extension for L1?
3. If extension is rejected, can I go back to India before Oct and apply for L1 re-stamping? What are the probabilities of getting L1 restamped after that?
4. Even if I go directly for restamping in India in August and it gets rejected, can I enter US to stay till October?
Please help, I am considering all consequences so that I can plan better. Thanks a lot.
Rahul.
Rahul,
1. It can be applied up to 6 months prior to expiration date
2. Around 2-4 months
3. Yes, you can do that. There will be a possibility of visa rejection as well if the reasons for L-1 extension are not addressed
4. If they reject the L-1, they might cancel the existing L-1 visa stamp. If that happens, then you cannot enter US on L-1
Hi,
Currently i am working for a consultancy on H1B and i want to change job.My questions are
1.”Can i join a new company immediately after LCA get approved?
2.Can i travel to india after LCA approved and joined the new company?
3.What if my H1B petition for new employer gets RFE or Disapproved?
Thanks in advance.
Ravi,
1. You can join them after the petition is received by USCIS. Do not join them after LCA approval.
2. Yes, you can travel outside of US but your extension of status would be abandoned. So the petition will be approved w/o I-94. Also, if you have moved to new employer then check w/ your attorney on what documents to carry while returning to US (especially if the new petition doesn’t get approved by the time you return)
3. In case of RFE, employer can decide to submit RFE response. In case of denial, you can work for the old employer (if they are willing to hire you back)
You can continue to work with current employer on L1 Visa. If your H1B is filed with a Change of Status then you can start working with new employer starting October 1′st without a visa stamp
Please note if your H1B visa is approved with Change of Status then starting October 1′st you CANNOT work with your current L1 employer.
On the contrary if you want to continue to work with your L1 employer post October 1 after your H1 approval, then you should file your H1B with Consular Processing. Consular processing would require you to get a visa stamp and re-enter US on H1B visa before you can start working with your H1 employer.
Hello Saurabh.
I am currently on L1B which is expiring in June 2012.
My current employer will be filing for L1 extension under PP this week.
I got another company to file H1B for me and they are filing the LCA this week.
However I am not sure if I will definitely resign from my current employer.
If L1 is extended and H1 is approved and I do not want to leave USA :-
a) Will I be able to work for current employer beyond Oct 1st ?
b) Do you think H1 should be filed without COS or with COS ?
c) Does the status mandatorily change to H1B if I have approved petition for H1 ? Even though I continue working for current employer under L1 ?
thanks in advance
Bharat.
Bharat,
1. Only if your L-1 is approved after H-1 or H-1 gets denied or H-1 is approved w/o COS
2. If you want to continue working on L-1, then have it filed w/o COS
3. Yes, your status would change to H-1 from approval date if H-1 is filed and approved w/ COS.
Hi Saurabh,
Thanks in Advance. I have the same situation.
1. I’m on L1B that expires by Dec-12. So my current employer is planning for filing an extension to it.
2. I’ve the sponsoring(Consulting) company who is going to process H1B for me.
Question :
a) if we file H1B Without COS, is there a possibility of getting both (L1B extn & H1B) approved?
b) if yes for above, can I attend interviews arranged through my H1B processing Consultant while I’m working on L1B.
C) How long would it normally take to process COS?
Thanks again,
Raj K.
Raj K,
1. Yes
2. Yes
3. 2-3 months
I am on L1B visa with Company A. I have validity till 2014. I am on a very good technology. I am not sure whom I need to contact and how to join full time here in USA after quitting Company A.
1. How can I find companies who can do L1 to H1. I see a lot of people posting here who already changed to H1 from L1.
2. My wife is currently on EAD and not yet found a job. Not sure what I need to do for my wife so that she can work after I get converted to H1.
3. Also please tell me if it is a good idea to do L1 to H1, Will it affect visiting India.
Your help and directions is very much appreciated Saurabh..
L1Guy,
1. The best place is your network of friends, colleagues etc. Then you can look for sponsors on US job sites like dice, monster. Finally go through the list of past filers available on FlcDataCenter website.
2. She will have to get her own H-1 if she wants to work after you move to H-1. She can no longer be on L-2 and her options are H-1 and H-4. BTW, H-4 doesn’t allow one to work
3. You can travel in and out of US when on H-1. However, you will have to go for H-1 visa stamping, chances of success of which depends upon your particular case
Hi Saurabh,
I have a question regarding my H1B, and need your suggestion.
currently I am working on L2-EAD, my employer has filed for H1B, which is expected to be approved by Oct-2012. Currently my L2 is valid and stamped till Jul 2013, but I will need to travel to India during feb-mar 2013. my question is if my H1B stamping gets rejected, will I be able travel back to US on L2, or I have to again stamp my L2 before coming to US. my spouse has her L1 visa approved/stamped until Jul 2013, and she will also travel with me. please suggest what should be our course of action.
Thanks,
Rinku M
Rinku M,
In case H-1 is rejected, you will remain on L-2 status. So you can return on your current L-2 visa stamp in Feb/Mar 2013. There is no need for another L-2 stamping as long as that visa stamp is still valid. In case H-1 gets approved, you will have to go for H-1 visa stamping and return on that visa stamp in order to work on H-1.
Saurabh, thanks for reply, you made my day buddy
.
just to understand ur response clearer, u said, even if my H1 petition gets approved and H1 stamping in India gets rejected, I will be able to travel to US on L2. in simple words, getting H1 petition approved(and then getting stamping rejected) will not void my current L2, and I will be able to travel on L2.
Thanks,
Rinku
Rinku M,
Yes that is correct. One thing to watch out for is that when you go for H-1 stamping, they may cancel your L-2 visa stamp. They should not cancel it in case of H-1 rejection, but nothing stops them from doing so. In case L-2 visa stamp gets canceled, then you have to go for L-2 stamping again.
When going for a H1 Visa Stamping, will it be helpful to carry the additionally documents (normally part of the 221G). If yes, should it be presented only OnDemand or after given 221G just after the interview is concluded.
Lokesh,
Yes, you can carry those documents. You should show them during interview only if asked for. In case 221g is issued and if you have all the asked documents w/ you, you can then drop them off the VFS collection center on the same day.
My client is A, My employer is B.
Work-wise I co-ordinate ONLY with my manager from A. Honestly there is no RM reporting manager or project lead/manger or account manager from B, with whom i share my status report, weekly updates etc. zero contact. But I guess there is someone assigned on paper.
During a visa interview: When VO ask “Who is your client manager?” and “Who is your client supervisor”.
What should be your answer.
Lokesh,
Your work arrangement doesn’t seem to be satisfying employer-employee relationship, even though it’s mentioned on paper. One is always recommended to remain truthful to the visa officer during interview and in this case it may lead to issuing of 221g (b/c of employer-employee relationship).
Hi Saurabh,
I am working on an L1B visa for a company A and i am looking for H1B sponsorship.
But all the consultancy guys who contact me mention that its difficult to get the L1 to H1 since they have to provide client letter for applying the H1B visa and no client would provide a letter for a project that i can only start working from Oct 2012.
Is it the case with every body who is currently on L1B and wants an H1 sponsorship or am i being totally fooled around.
Just wanted to know since most of the people in this site have been posting regarding applying for H1b visa even on L1.
Praveen,
It has nothing to do w/ your L-1. In general, when applying through consulting company, it is better to have client/project letter. This holds true irrespective of whether you are on L-1 or H-4 or in your home country. Try to look for bigger employers (like proper US companies) who may be willing to file and do not require client letter.
I have a second class B.Sc degree which I completed in four years and now I have 6 years experience in a leading IT company.Can I qualify for h1b with my degree + experience.My B.Sc is from one of the reputed universities in India which is accredited.Please clarify
Hi Saurabh,
Thanks for all the Help which you provide in this forum.I’ve certain queries regarding L1 to H1 Visa change.Please help me with this.
Through employer A, I’m on L1B visa and its expiring on 7-Sept-2012. Also my I-94 is expiring on 17-Sept-2012. I found an employer B who is ready to sponsor and file new H1B for me and herewith I am assuming that I will get H1B approved for me on or before Oct 1st …but not clear how it will work out smoothly so my questions are:
1)Can employer B file H1b with COS for me? If yes how will it work out as I will not have valid I-94 to stay in US till Oct 1st. Also I do not want to go out from USA for h1b stamping or new I-94 etc…
2) Employer A will be submitting request for my L1B extension and I’m happy as this gives time to stay at least till Oct 1st. Hence what is best here with my case –
a) Good time when employer A should submit a request for my L visa extension?
b) Shall I wait till I get L1B approval before submitting an amendment for COS to H1b? or
c) Shall apply for COS to H1b on Oct 1st instead of waiting for L1B extension [provided I have approved H1B for me].
d) How best or wisely the ‘last action of rules’ could be used in my scenario?
e) Also since my spouse has valid H1B status with valid I-94, how best or wisely this could be used in worse situation [..go to H4 etc] to get myself smoothly transferred into the H1B from L1B?
Pls advice.
Gauri,
1. I have seen few recent cases where COS was approved even if I-94 didn’t extend to Oct 1. So it may work out in your case. When on H-1, a person can enter US as early as 10 days prior to H-1 start date. Using same analogy, you can be in US after Sep 20th. So it’s just 3 days which may not be a big issue. However, check this w/ an attorney
2. You may run out of the quota. So I would suggest going ahead w/ H-1 filing and then evaluate whether L-1 extension is required or not
3. I didn’t understand this question
4. If L-1 extension is filed, then b/w L-1 and H-1 the last petition approved wins. So you can file for L-1 extension for just 10 days (until Sep 30) and then be on H-1 thereafter. Check w/ attorney on this
5. In case H-1 is not approved w/ COS, you can file COS to H-4 to stay until Oct 1. And then apply for COS from H-4 to H-1.
Hi Saurabh
Please advise how should I go about my situation. I was on L1b from Company A, which expired in Jan 2012. My employer had filed for an extension which got denied after an RFE response. Now I have to go back to India within 10 days. In the meanwhile another company had applied for a H1B visa for me with a COS. I understand that I need to get visa stamping in India if my H1B gets approved, but are there any other consequences that I must look forward to, can the new employer update my h1b petition while it is in processing by the CIS?
Thanks
SJain,
Why does the new employer need to update the filed petition? It will get processed and if approved it would be w/o COS (as you need to leave within next few days). You can then go for stamping and return to US on H-1 visa.
Hi,
I am here on L1. One of the consultancy has applied H1 for me. Sttus is pending. I am getting a full time oportunity from another company and they are ready to process H1 for me.
1. Can they go and apply separate H1 for me?
2. If I get H1 (applied by consultancy) approval soon can I trafer this H1 before joining the consultancy i.e. before 1st Oct? or do I need to work for first emploer before I trafer H1?
Pls help me.
Jagan,
1. Yes
2. They can file the transfer even prior to Oct 1. However, if any one petition gets approved by Oct 1, then you need to start working on H-1 from Oct 1.
Hi Saurabh
My L1 visa and I94 is expiring in Aug 2012. Recently when I was speaking to my employer regarding my L1 visa extension and H1B filing I got to know that, you can get I94 extended for atleast one more year (without L1 extension process) if you travel to any country outside US. They said there is a law which says that if you travel outside India
1. before your L1B visa & I94 expires and
2. your passport is valid for 3 more years and
3. not completed 5 years on L1 visa,
the immigration officer has to give you I94 for atleast one more year while coming back. Even if he doesnt give at that point of time, the company attorney will get it done by submitting some doucments to USCIS. Are you aware of any such law? Does this really work?
They are saying this because they feel my stay can be extended without filing for H1, however I am worried as I do not want to take a chance by relying on this and missing on the H1 quota.
Thanks
Satish
Satish,
Usually PoE officer gives an extended I-94 when returning on L-1 visa but it’s not necessary that they would always do so. So you can travel out of US and return on L-1 to see what I-94 expiration date they stamp. The quota may remain open till June end. So if you try to do this in May itself, then you would still have time to apply H-1 this year.
Thanks Saurabh for your reply. I have few more questions
1. Suppose if my employer is filing for H1 then during the course of H1 processing can I travel out of US and enter back with the current L1 visa?
2. Will the travel out of US and getting a new I94 have any impact on my H1 processing?
Hi Saurabh,
Can you please reply so that I can plan accordingly?
Satish,
If you leave while H-1 is pending, then COS from L-1 to H-1 will be considered abandoned. Once you return on L-1, your status would remain L-1 and will not change to H-1 unless COS is filed again or you enter US on stamped H-1 visa.
Thanks Saurabh for the reply.
My H1B will not be filed with COS as my L1 Visa & I-94 will expire in August.It will be normal H1.
1.So in that case does that matter if I travel say Mexico for couple of days and come back.
I am trying this option of exiting & re-entering to see if I get a new I-94 with extended date so that it covers the gap between my L1 Visa Expiry date & H1 Start date which is oct 1.
2.If a get a new I-94 with extended date,
when can we file for COS later?
3.If yes Do I need to wait until H1 Approval or we can file COS during H1 decision is pending?
Regards
Satish
Satish,
1. Yes, you can then travel to MX and enter on L-1 to see if they issue an I-94 valid for a longer duration
2. It can be filed after the H-1 petition has been approved
3. I don’t think it can be applied for while it is under process
Thank you Saurabh!!!
Hi
I am on L1B currently with Company A and my Company appled COS to H1B and i got approval notice as well and new I-797 ,Can i look for other job with this approval notice and start work on Oct 1
Please advise
Thanks
Sunny
Sunny,
You already have the job w/ the company that got your H-1 approved. They need to start paying you on H-1 from Oct 1. You mean look for projects?
Saurabh,
I want to quit my current Company.Can i do the H1 transfer now with the approved I-797 for other company and join after Oct1.
Thanks
Sunny
Sunny,
Yes, another employer can file H-1 transfer for you. Once approved, you can either work for the new employer or the old one from Oct 1.
Thanks Saurabh,
1.Do i need to stay with current employer till my H1-transfer done with other company.As am on L1 if i resign i need to go back to india.
2.if the new employer files H1-transfer is it under cap
Pls.advise.
Thanks
Sunny
Sunny,
1. Normally one can join the new employer as soon as petition is received by USCIS. But that happens when the person’s status is already H-1. In your case, your status will remain L-1 until Sep 30. So you have to work for them on L-1 until that point and then join the new employer
2. It is cap-exempt if you already have an approved H-1 petition
Hi Saurabh,
Thanks you very much for all your suggestins. I am creating a new thread to keep the discussion simple.
Here is my case. I am in US and having L1-B visa with company A and this visa is valid till Nov-2012. Company A(my current company) is filing H1B along with COS application for me. This is normal procesing so the result is expected within September 2012 (if everything goes fine). Meanwhile Company B is also interested to file H1B for me in PREMIUM but they are asking for the premium processing charges ($1225) from me. My questions are :
1. Is it safe to handover money before I get a approved petition from Company B? Or I should suggest them that I will give the money once the petition is approved?
2. If company B files my H1B in premium and and it gets rejected, will it impact my other H1 processing from Company A (my current company)?
3. If I decide to continue with H1 processing with Company A only, and it got approved. is there any mandatory time specified by USCIS that states that I have to work with H1 employer for 2/3 months? (Please note that current I am working with company A in L1). In other words, how many months I have to wait after 1st Oct 2012, till I can initiate a H1 transfer from company A to Company XYZ.
Please share your thougts, as I really rely on you.
Regards
SD
Hi Saurabh,
Could you please advise.
Regards
SD
SD,
1. If you pay for PP fees then you will be taking the financial risk. In case the petition gets denied for reasons related to employer, you will end up losing PP fees. Discuss w/ employer on how to sort PP fees in case there is a denial b/c of employer.
2. No, it doesn’t
3. No, there is no such requirement. If both A and B get approved, then you can join either of them from Oct 1. If only A gets approved w/ COS, then you have to work for them on H-1 until either B gets approved or you move to another employer.
Saurabh,
Thanks a lot for the reply.
I got little bit doubt about question 3.
If only company A (my current employer) files H1 w/ COS and it it got approved on Sep-2012, can company B file H1 transfer on top of the approved petition on september itself?
Can I start working with company B on 1st Oct 2012?
Regards
SD
SD,
Hmmm … You might be able to work for B in this case. But check w/ an attorney as well to be sure.
Hi Saurabh,
I left one consulting company few days back and joined one of the biggies this week. My previous company filled H1 for me in regular processing it took 8 months around and we got RFE, I left that company and last date to respond RFE was 22nd. Today, I received mail notification that my RFE is responded. Now I am not a part of that company which filled H1.
My question is is it possible that companies can respond RFE after specified date ? it they respond it then can I ask my current company to file H1 ? If we get apporval from filling of my previous company can I transfer it without paystubs of preious company and without H1 approval letter only on the basis of receipt number ?
Thanks.
Rob,
They can respond after the due date, but USCIS usually rejects the petition in that case.
Did you have a previously approved petition for the consulting company? In other words, what visa were you working on for them? And what visa did you use to work for the new employer?
I am on EAD (L2).
Rob,
So you changed employer while working on EAD. Unless the previous petition gets approved, that petition is of no use to you for the purpose of H-1 transfer. Once that petition gets approved, the new employer can file cap-exempt petition.
Once previous petition gets approved w/ COS, your status will become H-1. So H-1 payslips will be required from that point on. However, if the new employer files petition soon after H-1 approval, no payslips may be required.
Sub: Employer(Consultancy) is not giving pay stubs.
Hi,
I am a mechanical engineer and two months before i have joined a consultancy on H1B. My job location is far away from consultancy.The consultant name is Murali. Till now he never given me any pay stub.Whenever i ask for pay stub he says he will give some time later.Can any one suggest me how to get pay stubs from the consultant without any issues?
I am little worried about his behavior also, because he paid properly in the first month but from second month on wards he started showing his true color.Please suggest me.
Prashanth,
Are you getting paid? If yes, then at least that’s a good sign, although payslips are the most common way to show that one is maintaining status in US. If not, then you are not maintaining status in US and need to start getting paid ASAP. Payslips will also show that you are paying taxes which is also really important.
How about making the pretext that you need to travel outside of US and need the payslips as proof while returning to US. Your employer may or may not buy this.
Hi Saurabh,Thanks for the reply.
I am having my previous company pay stubs from Sep2011 to Jan2012.Can i use those pay stubs if i want to make a job change now?
Is there any possible way to get the pay stubs from the employer?
I was in india in Feb2012 and on march 10th i came to US for the new company with the approved new H1B. Still i am using my old company stamp which is valid upto May2013. Suppose if i come to india and return back to US before may 2013,does i need to go for stamping?
Prashanth,
USCIS will ask for more recent payslips. You didn’t reply my previous question – are you getting paid? If yes, then you can show your bank statements in lieu of payslips. Else you are in trouble.
I already replied on what you can try to do to get the payslips.
You don’t need to go for stamping as long as the previous visa stamp is valid and has not expired.
Sorry, i did not answer to your question. Yes, I am getting paid by the consultant. He directly depositing the salary in my bank account.
Last time when i am coming to US from India both at port of exit(Bangalore) and at port of entry(Detroit),the immigration officers expressed some concerns about traveling with valid & unexpired old company visa for the new employer.They are also not sure about the actual policy and at port of entry,the officer first consulted some senior officer to clarify and then allowed me to go.
In November i am planning to go to India to get married and want to bring my wife with me as my visa expires on May 2013.So, i am in dilema what is going to happen
next time at port of entry(US).Please suggest me.
Prashanth,
I don’t think you need to go for stamping as long as previous visa stamp is valid. Check w/ your attorney if they can provide you a legal text which you can carry for PoE. As for your wife, she will have to go for visa stamping as she doesn’t have any H-4 visa yet.
Hi
I am on L1. Company A is filing H1 for me. I am here with family here. They are on L2 here. They are going to India for vacation and they will be back in Aug. I am not sure by the time H1 will be approved or still pending.
1. Shall I apply H4 for family now itself at the time of applying for H1. or Once they come back from India in Aug 12 on L2 and apply for status change to H4. Could you suggest.
Jagan,
If they will leave while H-4 is under process, then there is no benefit of applying for H-4. They will either have to return on stamped H-4 visa (if H-1 gets approved while they are outside of US), or enter on L-2 and file H-4 COS. You will have to be careful about the timing as after Oct you will move to H-1 and they cannot be on L-2 after that.
However, if H-1/4 has been approved by the time they leave US, then they can return on L-2 visa and still be on H-4 from Oct 1.
Saurabh,
Will it be able to talk to you over phone? Just exploring the option for a few doubts i have on this topic.
Regards,
Suresh,
You can post your query here. I prefer to stay anonymous
Hi Saurabh,
I am working on L1 visa. My visa is expiring on May end. My L2 and EAD is approved as of April. Do I need to stop working on L1 and switch to EAD ? Or I can continue working on L1 till it expires.
Also what is the cost of H1 transfer ?
Prakash,
If L-2 was approved w/ COS, then you need to stop working on L-1 from COS approval date and start maintaining L-2 visa status. H-1 petition can cost anywhere b/w 2k-4k depending upon employer size and number of H-1/L-1 employees in the firm. You said H-1 transfer. Do you have a previously approved H-1 petition?
Hi – How can i find out whether L2 was filed with COS ? Also, my company will be filing new H1. I was planning to transfer H1 to Company B later this year.
Also if L2 was filed with COS then I have been for 2 weeks on L1, so is my stay illegal ?
Prakash,
Look at the L-2 approval notice. If it has an I-94 attached at the bottom, then you are on L-2 from the date mentioned in the I-94 notice. Yes, you should not have been on L-1 for those 2 weeks. If your COS was approved, then check w/ attorney if this can cause an issue in future or not. IMO, 2 weeks is still something that can be reasoned w/ USCIS in future (if questioned).
Yes, I have received I-94. I received the approval notice from my laywer 1 week after it was approved, hence I was not aware. I will check with Lawyer tomorrow.
Hi Saurabh,
I am working on L2-EAD from last one year. I joined one desi consultant but h1 process took around 8 months and he was not able to submit enough docs for RFE.
Now I got a job in one of biggies (Indian Company). They are not giving me in written but HR ensures that they will process my H1.
What you suggest should I join that company as there is uncertainty for H1 or should I try some other desi consultant (I can’t trust more on them, they do not have direct clients and EE proving relationship is almost impossible for them).
Waiting for your inputs.
Thanks.
Also I am not sure about my stay after July in US.
DotNet,
Usually big companies have better chances of approval than the smaller ones. So if you can trust the big employer, you can join them and then work w/ them to get H-1 visa filed this fiscal year.
Hi
I am on L1B currently with Company A. My L1B and I-94 expired on 2011 Dec. And my company have applied for L1 extension , I am still waiting for decision from USCIS.
1) Can I parallely apply for H1 with Company B ?
2) if the H1 gets approved do I need to go back to India for stamping ?
3) my wife is also with me on L2 does she needs to go back too ?
Thank you
Hi Saurabh,
Could you reply to this .
Thank you
Raj,
1. Yes, but COS may not be approved as your I-94 has expired
2. If H-1 gets approved w/o I-94 attached (i.e. w/o COS), then you need to get it stamped in order to work on H-1
3. Yes. When you file your H-1, file her H-4 as well. When you leave US to go for H-1 stamping, she should go along for H-4 stamping and then return w/ you.
Hi Saurabh,,
I am working for company A on L1B. Company B is filing H1b for me. Company B is a consultancy company.
1. If suppose if I get full time from company C before 01st Oct can I directly join in company C and work for them.
2. I have not signed any agreement with company B. Will company B create any problem for me?
Madhu,
1. C will have to file H-1 petition for you and you can join them on H-1 from Oct 1. They can file cap-exempt petition if B’s petition has been approved by that time
2. They can still go after you, but it should be ok. H-1 fees is supposed to be paid by employer and not employee. They can still demand attorney fees.
Hi,
I have a valid L1 Visa till Aug 15th and Another company is filing my H1 Visa and i can work on that from Oct 2012. Can I stay back that time in US or Do i have to move out and get a fresh stamped and come back.
Pls advice.
Sameer,
If your L-1 I-94 is expiring on Aug 15th, then you need to leave US around that date. However, if I-94 is valid is for a longer date, then you can continue to stay and work on L-1 until Oct 1 and then work on H-1 after that (assuming H-1 gets approved w/ COS).
You can continue to work with current employer on L1 Visa. If your H1B is filed with a Change of Status then you can start working with new employer starting October 1′st without a visa stamp
Please note if your H1B visa is approved with Change of Status then starting October 1′st you CANNOT work with your current L1 employer.
On the contrary if you want to continue to work with your L1 employer post October 1 after your H1 approval, then you should file your H1B with Consular Processing. Consular processing would require you to get a visa stamp and re-enter US on H1B visa before you can start working with your H1 employer.
Please see link below to other Faq’s related to L1 Visa and H1 Visa. It also has a database of H1B and green card sponsors with latest salary trends.
« 1 … 14 15 16