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 convert 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 like below
- 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, let’s 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 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…
Hi Saurabh,
I have got my Visa changed from L1 to H1 on 26th Oct2011, I received a validity of H1 for one year. My passport is expiring in end Dec 2012, so if I apply for a new passport from Indian Consulate here then what will happen to the H1 Visa (as my passport only contains the L1 stamp) Do I have to get that stamped before renewal of the passport ?
Appreciate your response.
You don’t need to necessarily get it stamped in old passport. Depending upon when you trave outside US, and what passport you have that time, you can carry that passport for H-1 visa stamping.
Hi, I have L1 B/I94 till Feb 2012 my company is applying for my L1 B exxtention for which i need to go to India for stamping. As we know L1 rejection rates are high, I wanted to know what happens to existing L1 if I go for stamping before Feb 2012. In case of rejection my Old L1 is still valid till its time ? Can i come back on old L1 and work till Feb 2012 ?
-Madhu
Chances are if your L-1 stamping is denied, they would cancel your old stamp as well. Besides, the old stamp is expiring in Feb 2012, and so even uncanceled visa stamp is of not much help.
Its more about leaving things back here.. it would be difficult if i can come back.. as dependents will be staying back when i go for extension. Is there any way i can come back to pack things if bad happens ?
You can apply for B-1/2 visa w/ reason of returning to US to wrap up things. I don’t know if it would be approved or not, but that looks like your best shot.
Hi Saurabh,
My H1B petition was filed on 18th Nov, but still I did not get the “receipt number” from USCIS. is there any way out to find if my case has gone through?
Employer/attorney should have received the receipt notice by now. Check w/ them. If they haven’t, then they should call USCIS and follow-up.
My Employer is saying their is no lead time for reciept no to be sent by USCIS for fresh H1B cases, is that true?
Yes, they haven’t published anything about the lead time. However, historically they have sent out the receipt numbers within 1-2 weeks unless there was a huge rush of petitions (like it happened during 2007 and 2008 H-1 lottery). People whose petition reached USCIS on Nov 22 have got receipt numbers, so you should have also received it by now.
Hi Saurabh,
I have a question on L1 to H1. I am on L1 for 1 year. Filed a cap subject H1B on Nov 22. reached USCIS on Nov 23, got rejected. Now I am planning a cap exempt H1B.
I was in US from 2004 to 2009( 5 yrs) on H1B. then Nov 2010 to Nov 2011 on Blanket L1B( 1 94 valid till Dec 2013). Am I eligible for cap exempt since I have an I94 valid till 2013 and its a COS case? Or I am uneligible since 6 years are completed if H1 and L1 couneted together? I have an approved labor and approved 140 (unrejected by company or USCIS) but do not work for that employer any more.
Appreciate,
Saumil
You need to talk to an immigration lawyer to see if you are eligible for cap-exempt petition and can file for 7th year extension.
Thanks Saurabh! Keep up the good service work.
Hi Saurabh,
Currently I am on L1B and the visa is going to expire on Dec 25, 2011. A consultant has filed an H1B for me but last week I received a RFE on our case. Now consultant is asking me to resign from my current company and start work for him.
Is it possible for me to start working for the consultant? will I be in illegal status if I will resign from my current company and start working with the consultant?
What if I will not receive the H1B approval even till Dec 25, 2011? Can I stay beyond this date based on my H1B filling?
Thanks,
Abhit sharma
Do not work for the H-1 employer until your H-1 gets approved, and that too w/ COS. Until then your status is L-1 and you need to continue working for L-1 employer until then.
You can stay beyond Dec 25 based on your pending H-1 w/ COS. However, if it gets denied, then you will have to leave US ASAP. If you really want to be safe, then ask your L-1 employer to file for extension so that you can continue to work on L-1 post Dec 25 and have a back-up plan in case H-1 is denied. You also have the option of upgrading H-1 to premium processing.
Hi Saurabh,
Thanks for running a very informative page.
I am on L-1B visa since last November, I haven’t stayed or worked in US prior to that. I plan to switch companies some time next year (2012). I have the following questions:
1) As the H-1B quota seems to have reached already, does this mean I will have to wait till October of 2012 to be able to start in a new company?
2) I work at a bank as a financial analyst. Is the quota job type specific or not?
3) Let’s say I get fired early next year. What can I do to continue working in US? Is there any other visa status that could suffice till I get new H-1B on October 2012?
Thanks a ton!
1. Correct. However, the petition can filed after April 1, 2012; but you cannot start working until Oct 1, 2012 (like you said)
2. It is not
3. You cannot do anything else to continue working in US if your L-1 employment ends but H-1 hasn’t started yet.
Hi Sourabh,
I received my receipt number from USCIS today for 2012 L1 to H1 conversion. The status in Initial review and it states “On November 22, 2011, we received this I129 PETITION FOR A NONIMMIGRANT WORKER, and mailed you a notice describing how we will process your case. ”
I read in the blogs that applications received on Nov 22nd are going to be selected on the basis of a lottery and not all applications will be selected.
Does receiving the receipt number confirm that I made thru the cap and now I just have to wait for the approval.
Thanks,
AK
There is no lottery for petitions received on Nov 22. All petitions received on Nov 22 have been accepted against FY-12 quota.
Hello,
Currently i am working on L1 A visa and planning to change to H1 B. I was looking for a project and employer to file H1B and only now i got one. But as H1 B cap count reached 65000 as of 11/22/2011, what are the different options that i have. My I-94 expires on 10/28/2012. Please advise.
Thanks in Advance,
Hari
The H-1 employer can file H-1 in FY-13 w/ start date of Oct 1, 2012 and along w/ COS. Once everything is approved, your status would be H-1 from the approval date allowing you to stay and work on H-1.
Thanks Saurabh. Is there any option than waiting for the FY – 13? Like can my new employer process L1 visa for me?
My I-94 expires on 10/28/2012 and i will complete 5 year on L1 visa. If my visa status change to H1 by 10/28/2012, how long i can stay in US?
Thanks,
Hari
New employer can file L-1 only if you satisfy L-1 requirements for that employer i.e. have worked for that employer for at least 1 year outside US in past 3 years, and the job involves use and knowledge of employer specific tools/technology etc.
You will most likely get 1 year on H-1 as the maximum time one can spend in US on H-1 and L-1 is 6 years. If you have travelled outside US in b/w, then you can claim those many days/weeks/months.
Thank you. So how employees staying in US after 6 yr on L1+H1. Is it because they started processing GC? Can you provide some details on this?
Thanks,
Hari
7th year and beyond extensions can only be filed if a person’s GC process has reached a certain stage.
Thanks Saurabh.
Hi,
Case details L1b petition +I94 Expired Sept 4th 2011
L1B Extension Applied August 22nd 2011.
H1B with COS applied August 31st 2011 Normal processing waiting for result
L1B denied decision made : Nov 23rd 2011
B1 Filed : Dec 2nd 2011 and H1B upgraded to premium Dec 2nd 2011
Q1: Will my stay be considered legal based on B1 receipt number. OR i am accruing Out of Status. Also how many days it will take for B1 decision to come.
Q2: If H1B approved with COS , shld I need to apply for COS again from B1 to h1.
Please do let me know your views.
Regards
Nagaraj Akkili
1. B-1 really doesn’t help your cause as it was filed after your I-94 had expired. H-1 is your only hope. Usually USCIS expects one to maintain previous non-immigrant status until COS is approved. As you have already upgraded H-1 to premium processing, you have done the best you can do. It is better to ask an attorney if you can continue to stay based on your pending COS.
2. Like I said in #1, B-1 COS will not get approved as it was filed after L-1 I-94 had expired.
Thanks Saurabh
B1 has been filed requesting for providing status until H1 COS decision is made.
Let me hope for the best
Thank u for your Views.
Regards
Nagaraj
Hi Kumar,
I am working on L1 & planning to change from L1 to H1 via Change of Status.
1.Will the H1 cap apply to me? I guess its already answered by you, but please clarify
2.Also, I had a valid H1 B work permit from 2008 – 2011 which never got used(Stamping not done cause my consultant did not have a job that time) and expired in Sep 2011, Can I use it still and get exempt from H1 Cap?Is there any way I can switch without waiting till OCT 2012?
Thanks!
Sachin
Based on previous approval, you are eligible for cap-exempt petition. This can be filed anytime.
Thanks very much for your response Saurabh!!
This is a great news! Wohoo!
Hi,
I was on H1B status (approved in year 2010) and was working in company A in the US. I lost my job in mid-October and within a week, I filed for a change of status to B1/B2 via a lawyer. My B1/B2 application is still under process. I have received a notice of receipt of my change of status application. Now I have found a job at company B. They are willing to file for a H1B visa for me. I had a few questions:
1. Do I have to wait for my B1/B2 processing to complete and then file for H1B, or can the company start filing for it soon?
2. Can I change status to H1B without leaving the US?
3. The 65000 cap for this year has been reached. However, I was already counted against the cap last year when company A filed for my visa. Will I be counted again?
4. When can I start working for company B? (how soon)
I tried finding information on this, but could not find any proper information.
Thank you,
Andrew.
Just to add: Company A told me the day I was laid off that they were going to inform USCIS that I have been laid off. But I haven’t received any H1B revocation letter from USCIS or anyone. I am sure they have informed USCIS by now, just maybe USCIS hasn’t processed it yet.
-Andrew.
I don’t think they would send any notification to you. Did you notice any change in last updated date on the online status of your petition?
1. If your I-94 is still valid, then I think they can file for H-1 now
2. Yes, if the new petition is approved w/ I-94 attached to bottom of it.
3. You will not be counted again as this will be a cap-exempt petition
4. As soon as the receipt number for B is generated
As you were w/o job b/w mid-Oct and now (even though you had pending B-1/2), it would be nice to consult a lawyer before B files the petition. This would help you in showing that you maintained legal status all the time while in US.
Thanks for the prompt response, Saurabh.
I did get to speak to the immigration lawyers of company B and they had similar opinions. They are trying to be extra-cautious, though, and want me to start work at company B only after they my application is processed i.e. not after receipt number is generated (although, technically, that should be permitted, and you pointed that out correctly). They have decided to go the premium processing route to speed up things.
Thanks again for your help!
-Andrew S.
Hi Saurabh,
I have tragic situation. I have been working on L1B for Serivce based company for 2.75 yrs.
My visa expired on NOV2011.
4-5 months back my employer raised for L1B extension. Upon submission of my docuemnts they reviewed my case and commented following.
1) L1B extention are done only in INDIA
2) L1 extension – rejection rate is high.
Based on above two, they recommended H1B COS with Premium processing.
Once I submitted documents for H1B COS, they couldn’t file by 22112011.
so they filed for L1 extension. Now I am really worried because they were saying earlier that L1 rejections are high.
I am planning to change job next year in US, My current employer may file for H1B.
My questions:-
1) Can multiple employer (current and prospective) file for My H1b COS?
2) My extension time(240 days) completes on Jul 2012. Right now I am full with negative thoughts, What happen if L1 extension won’t be approved. Is there any way I can stay here for Aug-Sep on any other visa and start working on H1 from OCT 2012.
Hopefully, I won’t have to see such day.
3) Can both L1 extension and H1b be done simultaneously. Is it affect other one?
Thanks,
Vipul
1. Yes
2. To answer this, can you let me know when your I-94 is expiring?
3. Usually they can be filed in parallel. And there are chances of one impacting the other (depends upon your specific case).
Thanks Saurabh for quick reply.
My I-94 expired on 27-11-2011.
As your I-94 has already expired, you are totally dependent on L-1 extension to maintain status in US. Even though H-1 can be filed in April 2012, but COS will not be approved unless L-1 extension is approved. So I will re-answer your original post:
1. No, until L-1 extension is approved and you have an unexpired I-94
2. If L-1 extension is denied or 240 days are reached, you will have to leave US (on whatever comes earlier)
3. Usually they can be filed in parallel. And there are chances of one impacting the other (depends upon your specific case). In your case, H-1’s COS cannot be approved because of expired I-94.
Hi Saurabh,
Thanks for reply.
My followup question:-
1) Can multiple employer (current and potentail) apply for my H1 w/o COS?
Once I have valid l1 extension. They(whomsoever I want to go with) can apply for my COS.
Please reply, whether I understood it right or not?
Once again thank you very much for info.
-Vipul
Yes, this is a solution that might work.
Thanks Saurabh. Now I have to find such employer who is ready to do all this for me.
Sourabh,
Request if you can clarify my doubt. I was on L-1 visa for the last three years & today my H1 got approved. My wife was working on L-2 visa, now that she is on h-4 does she have to stop working from today itself or she can work another 1-2 weeks and resign properly.
Thanks
Rohit
Legally, she should stop working from the day her status changed to H-4 (based on I-94 date). If she continues to work for 1-2 weeks more, then that could be risky in future.
Hello Sir,
I am on L1 -B Visa and came to US on 19 Sept 2009.
My L1-B visa and I-94 is expiring on 20 December, 2011.
My employer has filed my H1 Visa on 17 November, 2011 (as per USCIS receipt number) but I dont know for what reason they forgot to file it in premium.
Now my employer told me that by 6th December, 2011 they will file a premium for me and forcing me to file an extension for my L1 Visa on 15th December (if at all we do not get any response from USCIS).
Requesting you to kindly give me suggestions on the below :-
1) Can I stay in US legally if I dont get my H1 approval by 20th December ?
2) Do I need to file for L1 extension to stay beyond 20th December, even when my H1 is in process ?
3) What will happen if I get an RFE ?
Please let me know what should i do, Seeking your help.
Thank you in advance
1. IMO, based on pending COS you can continue to stay in US. However, you cannot work as your L-1 would have expired. However, check w/ a lawyer as well
2. If you intend to continue working in US, then L-1 extension needs to be filed. Your employer can withdraw it in case H-1 gets approved
3. RFE on H-1 or L-1? Well that needs to be responded within the time frame. (1) and (2) still hold true even when case goes into RFE. In case it is rejected, then you need to start looking at other options.
Hi,
I work for comp A on L1 B visa and comp has applied L1 extension and got an RFE on that and meanwhile I applied H1B from Comp B and got an RFE(SOW,Client letter etc..) and my Comp A has responded to L1 RFE and Comp B has to respond to for my H1 RFE.
Now Comp B is saying that if they will reply with COS for H1 it might reject bcoz my L1 is not yet approved .So they have to apply through some consular process and in that case once it gets aproved I have to got India and get it stamped.
My question is suppose my H1 B through consular gets approved but I dont want to go to India for stamping bcoz I already have L1 extension which is pending with USCIS so can I continue with my comp A on that L1 petition until it gets approved or rejected.
Yes, you can continue to stay and work on L-1 while your L-1 extension is pending. You can do this at most 240 days after I-94 expiration. This is true for the scenario your H-1 is approved w/o COS. In case it is approved w/ COS, your status would be H-1 from that approval date.
Thanks Saurabh for your response.
Actually As Comp B has applied my H1B and got RFE and now they want to reply to that RFE through consular process so in that case I cannot join them until my visa get stamped.
My Ques is : suppose my H1B through consular gets aproved so do I have to go immediately to India to get stamped my H1 or I can continue on my L1 with current CompA which is still pending with USCIS.
Please advise…
I am not sure what your company is trying to do. I don’t know how a company can respond to RFE through consular process (which usually means stamping). Stamping is taken care by DHS, which is different from USCIS.
Actually what they are saying is as my L1 extensions is still pending with USCIS if they will to RFE of H1 as COS they it might get rejected Here is exactly what they are saying :
“Because his L petition is pending and with the unlikelihood the L-1 RFE will be responded in time with an approval, we will most likely have to request consular processing for this response. CIS will not approve the case under extension of stay with the pending L-1. Thus, he will need to leave and re-enter the U.S. with visa stamping at the consulate to start his project.”
Please advise I am really confused ….
At times, a person has his H-1 filed w/ COS while L-1 extension is pending. The two can go in parallel. In your case, both petitions have been filed by the same employer, and that is why they are getting little apprehensive.
Hi Saurabh,
Please take sometime to answer my questions on L1 to H1 transfer. I am on L1 right now with my current employer. I accepted an offer from another employer and the new employer filed for my H1 along with COS. My H1 got approved yesterday and the start date on H1 approval is 12/1/11 . Here are my questions:
1. I need to serve 15 days notice to my current employer. Will my L1 be invalid from 12/1/2011 ?
2. What are my options here ?
Please advise.
Thanks
Satya
Your status would be H-1 from 12/1/2011. Legally, one should stop working for L-1 employer and start working for H-1 employer from that date. Anytime you spend w/ L-1 employer will be illegal. However, if you do spend time w/ L-1 employer after 12/1, and USCIS questions you about it in future, then you will have to provide reasonable explanation (like notice period, wrapping up project etc) and based upon your response, USCIS will either ignore this period or not.
Hi Satya,
I am also in same boat, did you resign from L1 company or just left the company on Nov 30 and joined H1 company on Dec 1.
1) Did your L1 employer asked you about anything later on like bond or something?
2) Did your H1 employer asked for Relieving letter from L1 compaany?
Please let me knoe.
Hi Saurabh,
My employer filed for L1 to h1 transfer in PP couple of days ago and on the USCIS site, it says:- Post Decision Activity as :-
On November 30, 2011, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER.
That means my H1 is approved right?
Please let me know. I am very anxious.
Thanks,
RT… may I know when exactly was it files and in which centre? Just to compare the dates and timelines with my case. Thank you and good luck
My was filed on 21st Nov in PP and it was filed to california center
Thank You RT. Good Luck to you. I am not an expert but I am guessing your case is approved.
Yes, it is approved.
Hi Saurabh,
Much appreciate the useful information provided by you here. This gives me some hope !
Background: I submitted documents for H1B, beginning this month. But since it didn’t reach the USCIS by Nov 22, 2011 it was returned back and case closed. So now I am planning to apply for L1. I am considering L1 than applying for H1B FY2013 as that would delay my travel till oct 2013.
It will be great if you could please address my queries mentioned below.
1. Which of the options do you suggest for L1.
L1 Regular or L1 Individual or L1 Blanket ?
2. Is it possible to apply for H1B FY2013 while I am in US while on L1 ?
3. Since I will be in US on L1, my parent organization will not agree to process H1B. Can I apply for an outside Organization and still be working on L1 until the H1B is processed?
Please help me.
Thanks
1. Depends upon what your company wants to file. Usually L-1 blankets are expensive to file and carry higher chances of rejection.
2. Yes, that can be done. If filed and approved w/ COS, you can start working on H-1 from the approval date w/o needing H-1 visa stamp in the passport
3. Yes
Hi Saurabh,
Need your suggestions on following;
I got an offer letter from an organization which is having offices/ Plant in US also in France, London ,China.
My Job profile is Program Manager, I got offer on 22nd Nov-2011, My Organization processed for H1B application in US, Today I was informed that quota for H1B is already full, so my application was return back, We have to apply next year, Now my boss who has given this appointment he need me in US for the Job immediately.
Is it possible that there France office can give me work permit to work for this organization in France and then from France they can apply for L1 (Intra organization Visa) for US, by this way I can move to US and once H1B application starts, we can apply for the same, Is there any difficulty?
Kindly help and suggest the best way.
L-1 can be applied only after you have worked for that employer for at least 1 year outside US in the past 3 years. The strategy you mentioned doesn’t fulfill this requirement, and so L-1 cannot be applied. The only option I see is applying H-1 when next fiscal year’s filings commence.
Hey Saurabh, I was going through this page , highly appreciate the way you are helping people.
I have a question.
I was on H1b Visa for 2 years, they my current company change my H1B to L1B back in 2009. I am in US with L1B till Oct2012. Since H1B quota has been filled for this year. Do I have change to use my old H1 to stay in US in case I leave L1 company? Or I have seen some cases where even though the quota is full the people who had H1 in past and now they are on H1 they can get H1?
Your help highly appreciated.
Thanks
Based on your previous H-1 approval, an employer can file cap-exempt H-1 for you.
Hey buddy .. thanks for the quick reply you made my day 🙂
Hi,
I have some clarification about the H1B Stamping interview.I am working as System analysts and handle the application individually.How to answer while asking the Role and Responsibility in interviewer ?
Thanks in Advance!
Regards,
Ramesh
Hi Saurabh,
Nice to see your answers and gained much info from you. I am on L1 since June 2010 and valid till oct 2012. I got a job from a third party consultant and they started processing for my COS ( L1 to H1 ) and they filed on Sep last week. I got RFE and their lawer responded to that but now I see that I was denied for some reason. They are now challenging the decision. I left the job from L1 company and so can I stay here in US till apr 2012 incase I did not get H1. Can another consultancy or employer process the current H1 application? Thanks in advance…
I would suggest talking to an immigration lawyer ASAP. Even though your I-94 is still valid, but your COS has been denied and you are no longer working for L-1 company. So IMO you should leave US ASAP. Another employer cannot file H-1 for you right now as the quota numbers have exhausted. A lawyer may be able to suggest more options.
Hi,
I am currently working with Company-A on L1B and my I94 expired in Oct’2011.
I applied for L1A in August, since i work in mangerial position for last 5yrs but the lawyers refused to apply giving an explanation that i need to have 6 months Visa time left to apply for L1A. Instead, they filed for reacapture time for about 12o days. In return received an RFE to be responded by 9th Jan. Also, my company could not file for H1 before Nov22.
My question is, in the yr-2009, i had applied for H1 through Company-B and was approved, however did not join since i was well positioned with current company. Can my current company-A apply for H1 with cap exempt using the receipt number of previous H1? Will there be any legal implications if it is done this way?
Based on old petition, the employer can file for cap-exempt petition (you need to have at least receipt number of that approval). However, as your I-94 has expired, you will not be eligible for COS (unless your L-1 extension is approved to recapture those 120 days).
Hi Saurabh, Thanks for responding. I do have the receipt number, however my company is very cautious about legalities and may not accept to file.
Will try my luck.
Thanks!
Hi,
I am presently in US on L1A with company A, Company B wants to hire me and file H1 but as the 2011 cap is reached is there any way out. My L1A is valid till 2014.
Thanks
SLN
They can file H-1 for you in FY-12. Earliest filing date is April 1, 2012 and earliest employment start date is October 1, 2012.
Hi,
I am currently on L1B visa (expired in June 2011) with a Valid i94 until Nov 2013 and my employer has initiated L1B to H1b transfer. Will COS be accounted in the cap count for 2012?
– Pranesh
Your H-1 is subject to quota. If it reached USCIS office prior to Nov 23, then you have made through the quota.
Hi Saurabh,
I am on L1b which will expire in March 2012. I have filed for H1b through another company and hoping to get the approval by mid next month. Before switching to a new project, I need to serve 1 month’s notice period. I don’t want to start the notice period before the approval. my questions are-
1. will my h1b be effective the day it gets approved or can we decide on the date later .
2. I couldn’t decide on the exact date before filing as I need to serve the notice period after the approval.
Please advice. Thanks
2. I couldn’t decide on the exact date before filing as I need to serve the notice period after the approval. Can we apply for the COS when I am ready to change project.
Please advice. Thank
If the petition has already been filed w/ COS, then your status would be H-1 from the approval date mentioned in the 797 I-94. If COS has not been applied yet, then your status would continue to remain L-1 even after approval. Later, when you are ready to make the switch to H-1, COS can be filed.
Thank you once again.
Hi.,
My L1B is expiring in 10 days, But my I94 is valid till 2013, Our company is planning to fill for extension., but attorney is saying like extention is purely based on I94, in my case I94 is valid till 2013, it’s too early to apply for extension and rejection of petition would be high., is that true??? If I want to visit India in b/w then what are the options I have?
Your I-129 is expiring and that needs to be extended. I-94 allows you to stay in US, but work authorization is granted by I-129 which needs to be extended. Talk to your attorney on these lines.
If you leave for India in b/w, then you may have to go for L-1 stamping (assuming your L-1 visa stamp is also expiring in 10 days). For stamping, one would have to wait for the extended I-129 to arrive. Once stamped, you can return and continue to work on L-1.
Hi
I have applied for H1B on Jul 15th ‘2011 and recieved reciept on Aug 8th. It is under processing-initial review as per status on the USCIS site. am expecting some decision to happen by Jan. Meanwhile I have a visitor visa using which i want to travel for 10 days to visit my brother there during Dec-Jan. Will there be any issue to travel using B1 visa when my H1 is in progress?
Thanks,
Priya
It should be ok. Make sure you have valid reason to travel and maintain legal immigration status while you are in US.
Thanks for your response Saurabh,
Can you also let me know whether i need to carry any specific docs?
for eg: invite letter from my bro?or leave approval from my company etc?
There is an article on this blog related to visitors’ visa. You can refer that for more details.
Important things when appearing for visitor visa:
– purpose of visit
– sponsorship (letter from brother, travel plans, itinerary etc)
– intent to return to home country (leave of absence from company, assets etc)
Hi Saurabh,
Is it OK to apply for SSN in Illinois with H1B & LCA that was approved for some other client in Texas?. Employer is same, but client & location are different now.
Thanks.
Yes, it should be fine.
Thanks Saurabh .
Hi Saurabh,
I am filling DS 160 form for H1B stamping. I was in US from Jan-2011 to Sep-2011. My L1 expired on Jun-2011 and had applied for extension (in may-2011), but got a denial notice on Sep-2011. Do I need to mention this as over stayed in DS160 form?
Thanks,
Deepak N
I don’t think that will be considered as overstay as your extension was pending. However, check w/ your lawyer as well.
Thanks for clarifying. also i dont hav any w2 stuffs(my company didnt provide those documents) what can i do ?but i read ur previous posts and i got to know the importance of w2. i was in u.s only for 8 months. i heard people telling w2 is neccesary only if the person stays in u.s for more than a year… is it so ?
W-2 needs to be issued as long a person worked in US and was paid US salary. It is equivalent to India’s form-16. By law, all employers are required to send W-2 to their employees.
W-2 is usually issued in Jan for last calendar year. As you worked in 2011, you will be issued W-2 in Jan 2012 (ensure you get that to file US taxes). You will be asked for L-1 salary slips, which you should have.
My Employer responded to the RFE and USCIS received the documents on Nov 10th my case is till under “Evidence Response Review” does that mean i made it through the Quota ?
Yes, you had made through the quota the day your petition first reached USCIS and they generated the receipt number.
Hi Saurabh
I am working on company A on L1 VISA which is expiring on 30-Nov-11. Company has applied for L-to-H conversion on 7-Nov in premium processing mode. I got RFE on 22-Nov and asked to provide few additional document. We have provided the document on 28-Nov to USCIS.
My question is, will my petition be counted to be submitted on 7-Nov or 28-Nov? I am asking because I heard that all no petition will be served after 22-Nov for year 2011.
As your petition was received on Nov 7, you will still be considered to have made through the quota. You are not impacted w/ quota getting exhausted on Nov 22.
Appreciate your help !!
Question regarding CAP, Last year I applied for H1B with employer A, got approved but because of economic conditions of employer A we did not go through with employment and accordingly advised USCIS of such.
This year I had another job offer and filled a H1b petition last week, (on the 22nd, supposedly). Am I cap exempt because of last year’s approval?
Hi Saurabh
I am on L1 now and I am planning to apply H1B next April 2012. I am planning to go to India in May 2012. When i come back from vacation, i dont know if my H1 will be approved or not. If my H1 was already approved, or if it gets approved when i am in India, will it be a problem if i come back in L1. My L1 is valid for one more year.
Thanks
It wouldn’t be a problem to return to US on L-1. However, as you would have left US in b/w, you will have to re-apply for COS from L-1 to H-1 to be on H-1 and start working. Or you can go out of the country, get H-1 visa stamped and enter on that visa to work on H-1.
Thanks Saurabh. Sorry, i dont have a lot of knowedge on H1.
Applying for Change of status is something different than applying for a new H1B right? I dont need to apply for a new H1 B again right and this doesnt come under any quota right?
Change of status is a different process that allows an individual to move from one visa status (like L-1) to another visa status (like H-1) w/o needing to get that visa stamped in the passport. This allows you to change status in US w/o needing to go out of the country.’
When filing the H-1, the employer has the option to apply for COS or apply for consular processing (w/o COS and visa stamping). COS is very much linked to one’s I-94. So when you leave US while your COS is pending, basically you are closing the I-94 entry (you submit that at the airport while leaving). This in turn causes COS to be abandoned and re-filed once you return to US.
Does that answer all your questions?
Thanks Saurabh. This is my understanding.
1. I can apply H1 B on April
2. Go to India for vacation on may and come back on june (since i am coming before Oct, i need to apply for COS and not consular processing)
3.If visa is approved by the time i come back, i need to ask my employer to apply for COS(no need of new H1B) or else i am good.
Thanks again.
That is correct Kumar.
Saurab – I was just going through other posts here. Can my company apply for H1B without COS or counsular processing?
I want to apply for H1B on April 2012 and want to apply for COS in july once i come back from vacation on L1. Is this possible?
Thanks
Yes, the employer can apply for H-1 w/o COS. Once you return to US, COS can be filed. I know for sure COS can be filed once the petition has been approved, but I am not sure if COS can be filed while H-1 petition is still pending.
My H1B application was delivered on the morning of November 23rd. Are there any chances that USCIS will accept my application – like, in case some applications on 22nd were not filed properly and therefore they would consider some applications submitted on 23rd elected by lucky draw?
What I understood is that even some applications received on the 22nd could be over the CAP. Lets say they had 3,200 vacancies on the 22nd and received 5,000 applications, they will have to do something to chose 3,200 out of 5,000. That’s what I understood.
DID YOU DO PREMIUM PROCESSING?
Yes, I did file for premium processing. But considering that my application was received on 23rd on November, based on Augusto’s comment and even my judgment, I think the application will be rejected. Correct?
My was delivered on 25 friday on morning.But they received my application on nov 8th and returned my application back with saying incorrect fee.My attony file with proper fee on 23rd nov and they got on 25th nov.Today my attony received my receipt number.I don’t know weather i will be counted on cap or not?
If you have received a Receipt number then your application will be processed, thats what I have been reading in these forums.
But if the quota got filled on November 22nd, and your application reached on Nov 25th, how they accepted your application? I hope you can understand since we are in the same boat, this brings a hope to me. Is there something you can share?
Hi Pulkit,
I am also in the same boat, Is there a possibility that premium processing application received on 23rd nov would be accepted?
Well I just called USCIS and the lady said that all applications will be rejected even if the postage stamp says November 21st but USCIS received it on November 23rd = Rejected !! ..
even the ones with receipt number????
I think roseybg and soop’s cases are different. Their petitions were filed in early Nov, but were returned because of missing fees. They were later filed w/ correct fees after Nov 22. It is possible that USCIS still considers those petitions to have made through the quota. Others’ petitions reached USCIS for the 1st time after Nov 22, and so are considered to be out of FY-12 quota.
Hi Saurabh,
My question is bit out of place, but I couldnt find a proper thread to post my question, hence posting here, here is my case.
I am on L2 dependent visa in US(I am on long term leave from my company), I am planning to apply for an EAD this week, at the same time my employer in India is preparing to apply for L1B Individual for me in couple of weeks, is there any problem applying these 2 simeltaneously?
I havent informed my employer about my EAD, do I need to mention somewhere in my L1B application documents about pending EAD application.
I think they can happen in parallel independent of each other. I assume your employer at least knows that you are in US on L-2. I don’t think EAD needs to be mentioned in L-1 filing documents (but they need to mention that you are in US on L-2).
Thanks Saurabh for the prompt reply. you are really making a difference here by these quick, appropriate and valuable replys. kudos
Yes My emloyer knows I am in US on L2, I was in US for copule of years before my L1B Blanket extension was rejected by consulate last month, and I had to travel on L2 to accompany my spouse.
Hello Sourabh,
Does receiving an Application receipt and showing the status as “Acceptance” for H1 Visa means that the petition is accepted and is ready to be processed or still it might be exempted from the cap as my status on USCIS shows that on 22nd Nov, the application was received and as we know that 22nd was the last day USCIS accepted the requests and there wasnt any quota awailable next day onwards.
Please let me know.
Thanks,
RT
im on the same boat with you.
I AM ON SAME BOAT.MY APPLICATION RETURNED BACK ON 7TH AND FILLED ON AGAIN ON NOV 23.TODAY I RECEIVED RECEIPT NUMBER.i DON’T KNOW WEATHER I AM COUNTED OR NOT.
Question, when did the USCIS receive your application?
4TH NOV AND RETURNED BACK ON 7TH
In the past years, they have issued receipt numbers only when a person has made through the quota. So having the receipt number is a good enough indication that you have made through the quota and your petition will be processed soon.
Hi Saurabh.
Kudos for all the wise suggestions and opinions.
I am currently on L1B since aug 2010 as an employee for one of the Big 4 Banks in US.Recently I got my L1b extended for another year( till on aug 2012).
Now last week i came to know that my employer wants to send me back to the India office by Mar 2012 due to budget issues.
Considering that I have an extended L1b/I94 till aug 2012.What are the options i have to apply for an H1 for a prospective employer X now that the 2012 cap quota is exhausted.
1) Can they apply for COS to H1 or a Cap exempt option since i am already in US for last 1.6 years.
2) Can i apply for H1 quota for 2013 based on my current Visa incase i go back to India in next 2 3 months?
Please help me .
Thanks in advance
Samrat
H-1 cannot be filed until Apr 1, 2012 and it won’t be cap-exempt as you didn’t have any H-1 status in past 6 years. H-1 employment date cannot be prior to Oct 1, 2012 in this case.
Hi Saurabh,
I intiall had a H1-b then went back to india and came back on L1 B. Now i am planning to get a H1 B with COS so can I do it now with the cap as I had a H1 B status in past 6 years. Pls let me know.
Thanks
Based on your previous H-1, you should be able to apply for cap-exempt H-1 w/ COS.
Thanks for prompt reply. a follow up on my query.
If i go back to india by feb end- march 12 and my L1 visa is valid till aug12.
Can a employer in US apply for L1 to H1 cos, when i am working in india, based on my l1 which would still be valid .Please suggest how to go about it
thanks again
samrat
Yes, the employer can file for H-1 while you are outside of US. However, that H-1 will not be filed w/ COS, so your status would remain L-1 even after H-1 gets approved. To moe to H-1, you will either have to file for COS from L-1 to H-1 (once your petition is approved) or get H-1 visa stamped in passport from a consulate.
Hi Saurabh,
I’m working in MNC which has a HQ in US. I have 4.6 years of exp in Software Testing with a current CTC of 4 Lacs Per Annum. Now my comp is planning to apply for L1B visa.
My query is:
Is there any chance of my L1B petition or Visa getting rejected due to my low Indian salary package?
I’m very tensed. Please clarify my query.
Many thanks in advance.
Cheers,
Santosh
No, that is usually not a determining factor in approving/rejection L-1 petition.
Hi,
My Brother’s L1 expired recently but the extension filed got an RFE , so he is given up on that L1. But, his wife has a valid L1 from the same employer. Can he go back to india and apply for L2 on his wife’s L1? What are the chances of this being approved and getting stamped at US consulate?
Thanks
If the I-94 is still valid, then he can file COS from L-1 to L-2 while being in US. If not, then he has to travel to India, and get L-2 visa stamped. Once approved, he can travel to US on L-2 visa.
Thanks for the reply, Saurabh!
His I94 expired while his L1 extension was in processing, so he has to go back to India.
Will the consulate look at his past L1 visas and ask why he is going on L2?
Also, his wife has valid L1 visa(I129) but her passport does not have a valid stamping after the extension of l1 was approved. Is the valid L1 stamp a required document for applying L2?
Thanks again, Your help is somuch appreciated!
Her wife’s L-1 stamping will not impact his stamping.
Yes, he can be asked about his L-1, and he can reply truthfully that he now wants to be on L-2 as his L-1 extension was denied. Ensure he carries documents related to his L-1 extension and denial (along w/ reason of denial) so that he can show his entire stay in US was legal/authorized.
Hi Saurabh,
Thanks for your all help in the past, I have run into another problem, I am on L2 Visa and applied for H1B and it got approved recently. However I got I-797B instead of I-797A. I don’t know what went wrong, I still have valid I-94 till Jan 2013 on my L2 visa . I hope I can still stay in USA on my L2 Visa with valid I-94.
Can I go for new employer with COS and H1 transfer based on I797? Can you please advise?
Thanks again.
If your COS was not approved, then your current status is L-2 and you need to maintain that. Yes, a new employer can file COS + H-1 transfer for you.
Thanks so much Saurabh
Hi,
I have applied for conversion from L1B to H1B. Could you please let me know my chances of approval?
-Manu
Depends upon your case. There is no one size fit all answer.
Hi Saurabh,
I think I’m in a unique situation. My employer was able to file a H1B petition on November 22nd 2011 (same day when the quota for this year was over). I’m currently working out of India.
It looks like USCIS may consider applications on the last day via lottery, if they receive more petitions than available. Is this true? What should my next steps be? I’m worried whether my application goes through or not, esp. after hearing about the 6.8K applications that are set aside out of the 65K cap.
Thanks in advance
Kumar
Do not rely on that. If your petition wasn’t received until Nov 22, then it’s best to prepare for next fiscal year.
Hi Saurabh,
My H1B Petition filed under premium got approved on Nov 17th and i have got the soft copy of approval notice, however my employer has said that they have not yet received the hard copy of approval notice.
can you please tell me usually how many days will it take to get the hard copy after approval date.
Time takes to receive the hard copy of approval notice differs for petitions filed under Premium processing or will it take same time as regular.
Currently my petition status showing me as “Decision” and “Post Decision Activity” is yet to complete
At times, it can take 1-2 weeks for the employer to receive the physical copy.
In my case, the USCIS update said that the approval notice is sent on 07th Nov but the attorney says that they have not yet received it. I have not got any softcopy.
Is there anything that can be done about it. I am not able to schedule interview due to unavailabilty of approval notice. I have to get back to work in statue as I was working there on L1B and came here on vacation and H1B stamping.
Your employer/attorney can call USCIS and follow-up. If it was lost in transit, then they would have to request for duplicate, which may take 2 months.
Hi Sourabh,
My employer sent an email that my case with the USCIS was filed on 11/21. Now does this mean that my application got thru the cap or the petition just reached the USCIS office but not sure if the petition was accepted by USCIS or no.
Just need a clarification with the terms.
Thanks alot.
Akash
You should ask your employer to be clearer. If the petition received USCIS on before quota reached, then you have made through the quota.
Hi Saurabh,
Here’s my situation and some facts:
I have worked on on L1 for last 3 years with a reputed US company and now I have L1 to H1 transfer (w/COS). I will be joining the H1 employer from Dec 1 and H1 employer is a big US company primarily non-IT/non-consulting so essentially I will be working on a full time permanent basis with H1 employer and not with any clients as is the case with consulting companies.
After getting the first pay stub around mid-Dec, I will be traveling to India for 3-4 weeks to address some personal issues. Apparently I will have to get the H1B visa stamping done before I could re-enter US. I have following questions in this regard:
1. Based on the above facts, what are the odds of visa stamping getting rejected? What are the options to mitigate such odds? (Not traveling to India is not an option for me)
2. During visa interview, will there be any questions around L1 to H1 transfer? Is that an issue as such? (e.g. does VO question why did I change from L1 to H1, and what skills I have to qualify for H1). If yes, how to handle those questions typically?
3. What set of documents I must carry at the time of visa interview?
4. Any other things to be taken care of?
Thanks in advance to help me answer the questions above.
Raj
1. As you are working for a reputed employer on H-1, chances of rejection are less. You can carry the requirement documents and should be ok. However, have a back-up plan in mind just in case things don’t turn out for the best.
2. I don’t think he would ask why you changed jobs. His questions will be more around whether you maintained statuses on L-1 and H-1, how you interviewed w/ H-1 employer, what will be your role and duties on H-1 etc
3. Documents related to your status (L-1 payslips, past W-2s, H-1 payslip), your profile (resume, experience letters, mark sheets, degrees etc), employer related documents (tax returns, wage report etc), job related documents (duties etc), H-1 related documents (LCA, I-129, 797, letter sent by employer to USCIS). If your employer is a big reputed publicly traded firm, then lot of employer related documents will be available online and don’t need to be carried. Your attorney will know more
4. Same as 3
Hi Saurabh,
Thank you so much for your detailed answers. Just a follow up questions:
1. In your answer to my question no. 1 I didn’t quite get what is the requirement documents. Could you help me understand that?
2. The back-up will be in case the visa gets rejected. Right? In case of rejection, how soon can we re-apply for H1 stamping? Does it change anything?
Thanks much.
Raj
1. I have mentioned them in #3.
2. If things don’t turn out the way planned, then they would issue 221g asking for documents and do administrative processing. You and employer will have to submit them. Based on them, they would either approve the stamp or send the petition back to USCIS. USCIS will review and re-instate the petition (you can go for stamping again now) or issue NOIR (notice of intent to revoke). Your employer can then appeal the NOIR.
So as I understand rejection means they will issue 221g. Right?
This whole H1B stamping looks like a complicated process :-). Nevertheless, Thank you so much for making me understand this whole thing. This forum must been a savior, an eye opener and a good information tool.
Actually 221g is more like RFE. Rejection happens once those requested documents are submitted, and the officer goes through them.
I am glad that this forum could help you w/ your questions. Good luck 🙂
It certainly does. Only after going through this forum I became aware that we could change employment from L1 to H1 as well. And it helped me find a good opportunity 🙂
This is a great forum and I recommend all my friends/acquaintances. So you might find plethora of questions coming your way 🙂
Hi Saurabh,
I joined H1 employer from Dec 1 and will be traveling to India for vacation in 3rd week of Dec. In order to get the visa stamping in India, the employer has provided me with following documents:
1. I-797A
2. Soft copy of I-129
3. Letter sent by employer to USCIS for H1-B w/COS
4. Employment verification letter
Now I have following questions:
1. Are these the only documents I will need from employer?
2. I am a little confused between I-129, I-797 and H1-B petition document. What is the difference?
3. What is the difference between I-797 and I-797A?
Thank you,
Raj
Just to add to the list I also received LCA. This is the updated list of documents received:
1. I-797A
2. Soft copy of I-129
3. Letter sent by employer to USCIS for H1-B w/COS
4. Employment verification letter
5. LCA
1. If your employer is a consulting company, then you also need to carry contract/project/client details. Based on the company size you also should carry wage reports, tax returns etc.
2. I-129 is what your employer filed for your H-1. 797 is also called H-1 petition
3. 797 can either be 797A (issued when COS has also been approved), 797B (issued when no COS is requested or approved) and 797C (receipt notice that USCIS has received I-129 form and has issued the receipt #).
Thanks Saurabh.
Couple of follow up questions:
1. I am working with a non-consulting company and it is a public listed company in US. Therefore, I don’t have contract/project/client details. So I will not need to carry them as well. Right?
2. My employer has given me soft copy of I-129 and asked me to print that and take it with me. Is that OK? Wouldn’t I need the original I-129?
3. At the time of visa stamping will the consular keep any of the documents with him?
Thanks for your help.
Raj
1. Yes, in that case those documents are not required. You should still carry information on what your role would be and what will be your typical day to day activities.
2. Copy is fine. Original I-129 is submitted to USCIS
3. They would return all the documents in case of successful stamping. In case they issue 221g, they would ask you to submit the required documents, which would be returned after the processing has been completed
Thank you so much Saurabh for enlightening me.
Hi Saurabh,
I just had a H1 visa prep with my employer’s Attorney and am confused about one thing.
The attorney said that during the H1 visa interview I should not highlight that I have specialized skills and I am very special or different. Instead I should keep it simple saying tha I am a regular IT guy. So I am wondering if we say that we are regular IT guy, wouldn’t that diminish the chances of visa approval?
Thanks,
Raj
This is for H-1 right?
Usually during interviews it’s best to keep your responses precise and to the point. Too much information at times is not good. So you should keep your answers simple and explain your duties in simple English. I think your attorney is suggesting not to tell the officer how smart you are, but remain normal which I think everyone should during the interview.
Correct this is for H1.
The Attorney said since I am changing from L1 to H1, I have to change the perspective. With L1 we have to highlight specialized but with H1 keep it simple otherwise it may to additional security check.
Hi Raj,
Wish u good luck for stamping and please enlighten us too on the questions and documents they would ask during your interview. I am in the same situation as yours and would really appreciate your update.
Thanks,
Shona
Hi Shona,
Thanks! Yes, I will certainly do that.
Raj
Hi Saurabh,
As I will be going for my visa stamping by the end of this month, I am perplexed and ponder about few things. Hope they make sense.
1. When USCIS approves the petition w or w/o COS while we are in US, why is there is a challenge getting visa stamped? This implies that visa officer challenges USCIS decision itself since they approved the petition at first place. Moreover, visa is only required for travel purpose and does not give us the authorization to work anyway. Then why is all the fuss about visa stamping even for genuine people when people have already worked on H1 or L1? In that case USCIS should not even approve the petition.
2. I have heard people don’t travel to India for years together lest their visa may be rejected. However, does it really matter if we work a month or a year of working before going home? I have heard if the case is genuine it does not matter much (unless there’s any change in employment)
3. Many of us have quite a few liabilities while we are living in the US. Apartment, house, vehicle and typical stuff. What do generally people do if their visas don’t get through and they are stuck in India? How hard is to get the visitor’s visa for the purpose of winding up our things in US?
Thanks,
Raj
1. That’s a very legitimate question that has been raised by many. Off late, consulates have become more stringent about the visas and this has lead to several rejections even though petition has already been approved by USCIS. I don’t know why this change happened, but I can guess it can either be heavy misuse of the visa program or weak US economy (not sure).
2. Yes, chances of success varies from case to case. People working in consulting world have more reasons to fear (especially if there are several middle layers in b/w) than those working as direct employees of reputed companies.
3. I haven’t read about any such experiences, but I think it should be ok. If you have close friends and family in US, then you can authorize them to take action on your behalf in case things turn for the worse during stamping.
Thanks for your 2 cents Saurabh.
Hi Saurabh/Shona,
As promised, I would like to share my visa interview experience. I got the H1 visa stamped without much hassle. It turned out smoother than I actually expected. The interview did not last for more than a minute and I was asked basic questions like how long you worked with previous company and when you joined current org and stuff. The VO did not even ask for any document.
Thanks and all the best to you Shona for your upcoming interview schedule.
Raj
Hi, Can L1B be transferred to L1A. Is there a chance ?
There is nothing like L-1B -> L-1A transfer. Both have different requirements, and if the employer wants to utilize your services for L-1A related job, then they will have to file L-1A petition.
Hi,
I am working for company A on L1B, and my visa got expired now, My I94 is valid till 2014,
is it possible to apply for my parents visa based on I94???
Hi.,
I am working for Company A on L1B and Applied for H1B COS from Company B,
Applied 4 months back.,and still it shows initial review and didnt receive any RFE also, whats the normal time to approval ??? If H1B cap is closed for this year then whether my H1B application is still valid / or being considered???., am I have a chances to get approved???
You are already considered to have made through the quota (unless your petition is denied). Your petition will still be processed. At times it can take up to 6 monts for these to process.
Hi.,
I am working for company A on L1B and applied for H1B COS from Comapny B., status still shows initial review since last 5 months, Now My L1B is also expiring, andnow I have changed my mind to stick on to company A ( L1B) , Help me out to come out from this situation
You have following options:
1. Ask H-1 employer to withdraw H-1 petition
2. Travel outside of US and return on L-1 visa stamp. This would abandon your COS and you would remain on L-1 status even after H-1 gets approved.
Thanks Sourab,
Unfortunately L1 is being expiredalready and staying based on I94. What are the option I have now???
If you want to stick w/ L-1 employer, then your L-1 needs to be extended.