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…
Hello,
I will complete 6 years under L1A in the month of Aug 2012. I am considering changing to an new employer who is willing to process my H1 & apply for green card this year. What needs to be done in order to leagally continue work in US under H1 (which i might get this year) starting from october 2012.
1. Can I continue to work on H1 form october if i complete 6 years in august2012? 2. In what stage should my green card process be, to legally allow me to start work under H1 form october 2012 although I have completed 6 years under L1A.
3. can my new employer apply for labor certification, I 140, I485 before H1 start date of octoner 2012? Will this help in any way ?
4. when should the new employer apply for COS
5. my L1A is valid till aug 2013.
Thank you
Hari
1. No. If you have already stayed in US for 6 years by the time H-1 gets started (i.e. Oct 2012), then it cannot be applied
3. They can, but it may be subject to USCIS review. USCIS can question how the employer is sure that you are a suitable candidate when you have never worked for them. It’s b/c of this reason several companies prefer to file GC after an employee has worked for them for at least 6 months.
4. It can be applied along w/ new H-1 filing, which may not be possible based on (1)
Are counting only the time spent inside US when coming up with the 6 year limit’s end date?
Hi,
I am moving to US on L1B visa, it is internal transfer, and my company agreed to covert it to H1B later. I want to change job immediately, and my company needs me as soon as possible there, so L1B they are processing.
1) Now my question is Can I change the JOB when I am in L1B,
2) Can I change JOB once COS to H1B is done
1. No. One cannot change employers while working in US on L-1
2. Yes, once COS has been approved and you can change employment. Actually your COS (along w/ H-1 petition) can be filed by an employer other than your current L-1 employer
Hi,
I have in total 7.8 years of experiance. In my present company i have 8 months exp. I am a consultant and have 7.8 years exp in same domain. In current company i use same domain knowledge but use this company product while doing consulting. This is a new product and have fairly large demand in US. So my company is filing for L1 blanket petition for me. Are there any chances of getting rejected since i have only 8 months exp in current company ?
To be eligible for L-1, you need to have at least 1 year experience w/ the current company. If you will be consulting using the new product of the company, then that should be fine from L-1 perspective, but your <1 year experience can be an issue.
Hi Saurabh,
Thanks a lot, unfortunately attorneys have not told anything about this to be. Is this the case with L1-B individual as well.. i have to be there as early as possible.. if i go on B1 i cant do work .. how can this problem be solved.. H1 is out of question as it requires much time
It holds for L-1 individual as well. I don’t think you can apply B-1 for the type of work you are planning to do in US.
Talk to your attorney about this.
One Last question , if attorney files L1-B today how many days it takes for getting approval ??
It might take 2-3 months. It can be filed w/ PP as well, in which case USCIS will adjudicate the petition within 15 calendar days.
Hi Saurabh,
Thanks for your time and prompt reply. Is it possible for me to go to US for 3 months in B1 come back and file L1. Will this 3 months counted as 1 year exp in this company ?
Only the time spent w/ employer outside US is counted. If you are in US for those 3 months, then they will not be counted.
Hi Saurabh,
We highly appreciate you responding to our questions and providing guidance.
I am currently on L1A individual visa with company A, working for Client B in the US. Can my client apply for a L1A individual to H1B w/ COS in April 2012 ? Basically, can I jump from my employer to a client company ? That way, I will still be doing the same job I am doing currently, except that my new employer will be my client company.
Thanks,
Venkat.
Yes, you can provided:
– job offered by the client is H-1 eligible
– your employer hasn’t signed any non-poaching contract w/ you and client. If there is such a contract, it would be better to get it reviewed by an attorney.
Hi Saurabh,
I am on L1B now. My visa expires on 12 Dec 2012. I got my I94 till 8 Dec 2014.
My dependent’s visa L2 expires on 12 Dec 2012, I94 is till 12 Dec 2012.
Will I be able to apply for L1 extension in Oct 2012 as my I94 will still be active.
How will I be able to extend my dependant’s visa? Please advice.
Are you on blanket visa? If yes, then you can continue to stay and work until I-94 expiration date. When your wife’s I-94 is about to expire she will have to file for extension based on your documents.
Hi Saurabh,
I am on L1B. This is my second L1 B visa. My L1B is valid till Oct 2013 but I can stay until Aug 2013 as I complete 5 years in that month. I am seriously considering about converting L1B to H1 this year. I have few questions:
1. Does COS cases also come in H1 quota? I think it is yes but want to confirm. Is it a smooth process or could this also run in to problem?
2. If I convert to H1, would that has same validity as L1B? I think on H1, one can stay for 6 years. That 1 extra year would be important for me.
3. I recently got married. My wife plans to come to US and I want to apply EAD for her. As I convert to H1, I suppose she would also be converted to H2. Would that make EAD invalid? What options I have for her? Applying H1 is one, is that an easy one?
4. Fee for COS is very less(around 300). Are there employers who might be willing to do that without I being in an agreement with them? I know this may be up to me to negotiate with employers but may be you have some idea.
Thanks in advance. I would sincerely appreciate your response.
Regards,
Nitin
1. Yes, it does. COS will not be an issue as long as you have been maintaining legal status in US i.e. getting regularly paid.
2. H-1 validity will depend upon how much time you have left from the 6 year term, what your employer requests and what USCIS finds appropriate based on the submitted documents.
3. She will have to move to H-4, and will no longer be on L-2. So she will have to stop working. If she wants to work, then an employer needs to file H-1 for her as well.
4. It’s not just the COS that needs to be filed. H-1 petition also needs to be filed along w/ it, and it costs b/w 2000-4000 depending upon employer size, attorney fees etc. Legally, the employer is supposed to pay for the H-1 fees.
Sauabh,
You have put up a great place on the web to help people out! Congrats and hope you get some good karma points. Here’s my situation: –
My L1B visa expires on 6th Feb 2012, while I-94 is valid till 2014.
1) Per my employer I can continue to both stay and work legally after 6th Feb solely on the basis of the valid I-94 without applying for visa extension. Is working here after 6th Feb without extension with the expired L1B, but valid I-94 legal?
2) The reason I was provided for not applying for the extension is “One can apply for visa extension only within 6 months of I-94 expiry date, else USCIS will not accept the extension request as I-94 is already valid and not up for expiry in the next 6 months”. So the story is that the extension just cannot be filed as the gap between L1 expiry and the I94 expiry is greater than 6 months. Your comments please.
3) I know of colleagues here who have the same situation as me (expired L1s, valid I-94s, gap > 6 month) and are still working here without the extension being filed. The company gave them the same reason as in 2) above to them too for not applying for the extension. Are they in possible trouble with the law here?
4) Since the L1B extension is not happening, can my company instead apply for an H1B visa for me? My company is not cap exempt. Should they file the H1B before 6th Feb (my L1 B expiry date) or on the usual 1st April 2012 date? I guess it will be a change of status application, right? Also if approved I can start working as H1B employee instead of L1B employee from 1st Oct without having to travel outside US for the visa stamping right?
1. No, that’s not correct. I-94 doesn’t give you work authorization. That is provided by I-129 and 797. You can continue to stay but not work after Feb 6.
2. They can apply for I-129/797 extension and not I-94 extension. USCIS will issue an extended the former as it is about to expire within 6 months.
3. They might be ok as long as they are flying under the radar. Did anyone of them tried for L-1 extension or COS to H-1 after being in that state for a while?
4. H-1 cannot be filed prior to April 1, and it will be filed along w/ COS. Once COS is approved, you will be on H-1 status from the approval date, which is usually Oct 1.
For 1), the original blanket I797 petition under which my L1 was filed says it’s valid indefinitely. Could that be the reason why my company is relaxed and chilled out?
For 3) No, none of them applied for L1 extension or COS to H1 after being in this expired visa, valid I-94 state.
1. Sorry, it is I-129 expiration date. In case of L-1, 797 usually doesn’t carry an expiration date.
3. They might come under radar once they file for extension or COS, which would requires USCIS to ask for I-129 and proof of maintaining status.
I remember carrying 3 printouts of the I-129s form for my visa interview; I think the interviewer kept one copy while the two copies I have now with me have the stamp of interview date – but valid from and to dates are empty in the ‘USCIS use only’ section.
Will I have to call USCIS for the validity dates on my I-129S?
Saurabh,
I checked the stamped L1 visa on my passport; it says PED 6th Feb 2012. I assume PED = Petition Expiry Date.
Is it a must to get the new petition application sent before 6th Feb? Is it going to be a new petition or a petition extension? And is a petition extension the same as L1 visa extension or are they two completely different things?
You mentioned I-129S, so you are on a blanket petition, right? I think for blanket petition one is considered in L-1 status until the I-94 expiration date. So you may be fine to stay and work until your I-94 expiration date. You can check w/ an attorney as well.
Thanks man for your prompt replies.
Yes, it’s a blanket petition.
I will speak with an attorney.
Hey Saurabh, hope you’ve been doing good!
I spoke to my company attorney’s and they confirmed that since mine is L1B Blanket visa the I-94 validity allows me to continue working here.
————————————————————————————–
I also got my H1b applied via a consultant and have got the acceptance of application receipt for it. The application was done for COS by the consulting firm’s attorney.
I am not sure what happens in the following cases, hope you have some answers!
Case 1: –
The consultant’s H1B is not yet approved. My L1b company asks me to return back and I have to leave US border.
Can I change the COS to a consular petition AFTER leaving US? Or does it have to be done when I am still inside US borders?
Case 2: –
The consultant’s H1B gets approved say in July. The l1B company asks me to return in August.
What happens now? I left the border before H1B was ‘active’ on 1st Oct. Can I ask for the COS of the H1 to be changed to consular petition after I leave the border? Or does it have to be before leaving US?
Baba,
1. Your H-1 will automatically be changed to consular processing once you leave US while it is still pending. You will have to go for H-1 visa stamping and then return to US on stamped visa.
2. Even here, you can still go for H-1 visa stamping and then return to US on stamped H-1 visa.
Hi Saurabh,
Thanks for all your valuable inputs!
I have an exp nearly to 2 yrs in US MNC in india.They tried for me L1B blanket last year June 2011 but it was rejected by saying that i m less exp(14 months at that time ) and suggested to go for L1Ind or HIB.It was period when there were huge rejections in market and i felt unfortunate to be in that period.
1)This year Feb 2012 again my company is filing me for L1 B indiv . Please let me know which one is better L1B ind or H1B?
2)Pls let me know interms of salary,life in US,job risk and settling in US.
3)coming to L1B individual intw…. is it goin be tougher or easier whn compared to L1b blanket? i heard as it is ind petition it is easy to face…is it true..pls let me know…
Thanks
1. The advantages have been listed out in the article above. Besides, which visa you go for also depends upon the job requirements and your skill set. Will you be using any employer proprietary tools/technology/applications/skills in US or will you be using more generic ones which are available outside your employer (for example Java, .NET etc). If former, then L-1B individual is ok, else H-1 should be filed.
2. There are few articles on this blog related to that. You can read them and also comments posted in those articles where people have put in both sides of the coin.
3. Individuals have easier time than blankets (not saying it will be cakewalk).
Saurabh,
Here’s my situation:
I hold L1 Blanket Visa valid upto April 2013 (This is my first 3 years in US – Apr 2010-2013) with Company A
I am badly underpaid by my company A – working for last 6 years with them, 2 years in US, 4 in India.
I plan to find a H1B sponsor Company B, so that I can get a decent job.
Also, I have a expired H1 petition 797 from Oct 2006 which expired in Sep 2009.
I never traveled or worked on that H1 as I could not join the Company C due to personal reasons.
What are my options for me to switch from A L1 to Company B with H1B Visa ?
1) Can I use the expired H1 somehow – would that give me a quota free H1 visa, or do I need to wait till April 2012 for the lottery.
2) I want to get an H1B which should be safe play. Lets say if things do not look too bright, and I am not able secure a job on H1 exactly around Oct 2012, I should be able to continue with my current L1 job unless I find a confirmed Job on the H1.
3) I do not intend to comeback to the same employer, so H1 will be from company B and L1B is from Company A that I plan to leave.
4) Should I file H1 without Change of Status or should I file H1 with Change of Status.
The only reason I want to play safe is I don’t want to be in situation where I have to live out of status in US, or leave country.
The other issue is unreasonable 3 months notice that I need to give to Company A, so this makes it very dicy for me to time my next employment exactly at Oct 2012.
Please help.
Thanks!
Sandy
1. Your old H-1 was still within the last 6 years. So a new employer can use it to file cap-exempt petition for you. This can be filed anytime along w/ COS. Once it is approved, your status will be H-1 and you can start working on H-1. If the cap-exempt thing doesn’t work out, then they can file cap-subject H-1 in April 2012 (lottery may not happen this year as I highly doubt if USCIS will receive more than 65K petitions on the 1st day).
2. In this case, H-1 should be filed w/o COS. Also, if you go cap-exempt route, then your H-1 can start even before Oct 2012. Only cap-subject H-1s commence from Oct 2012.
3. That’s ok
4. Based on (2), it should be filed w/o COS.
Thanks Saurabh,
As always, you are very helpful and prompt in getting to everyone’s queries, appreciate your efforts and help on this.
1) One last question I have is what is the difference between w COS and w/o COS?
Which one of these require me to go out of country, I guess it may be w/o COS and in case of w COS can I ask my new Company B to specify a start date and then I work for those deadlines to server notice period and wind up from my Company A.
Here is an article that explains COS in detail.
When filing for H-1, B can request a start date as distant as 6 months in future. This should give you enough time to timely resign from A.
Can the new company file H1 premium and can I change my status from L1 to H1 in Apr/12
No. For any cap-subject petition, earliest start date to work is October 2012. This holds true even if the petition itself gets approved in April 2012.
Hi Saurabh,
I have L1B from my previous employer, I been to US for 3 months. Now I am in Singapore. Someone (A consultant, who is ready to provide me job in US) told me to come to US (using the same L1B which is valid till March 2013) and request for L1B to H1B change request.
Please help me with following questions
1) There is not much asked/inquired at Port of Entry, shall I take the risk to come US on my previous employer’s L1B?
2) Being employed in Singapore from other employer, Is it possible to get my L1B changed to H1B?
3) What all documents are needed to get it changed?
4) I can come to US for maximum 20days (as per my leaves and schedule) is this sufficient time to apply for visa type change?
5) If approved, how shall i proceed about bringing my family to US. (they (my wife and 1 kid) don’t have any US Visa as of now)
Thanks
Hardeep
1. That would be illegal if you enter US on previous employer’s L-1B visa
2. No. When applying for this, you will be asked about payslips from your L-1 employer which you will not have. Also, they can contact your previous employer about L-1 employment which you no longer have.
3. From old employer – payslips, W2s, copy of I-94. Other documents are yours and from the new employer.
4. No. Quota opens in April w/ employment start date of Oct. Premium processing takes around 15 calendar days (assuming no RFE is issued)
5. They will have to go for H-4 visa stamping and then travel to US.
In my opinions, DO NOT enter on L-1 visa. This is a misuse and incidents like this are causing all genuine filers to go through extra layers of scrutiny. The employer seems to be ready to make a mockery of US immigration laws just to bring a candidate to US.
Thanks for valuable reply Saurabh
Hi,
My son is US citizen and we want to travel to india on family emergency and we are planing to apply tourist visa for him.Can i apply PIO card for him later or i need to wait till tourist visa expiry.
Thanks
Ramakrishna
Hi Saurabh,
I got my H1 approved recently, and now employer shifted their office to another place which may be with in 5-10 miles, he has now filed new LCA for new address, If I go to India for stamping, new LCA is enough or I need to get new I129 as well?
Regards,
VN
These days I have seen cases where the consulate asks for new I-129 when the LCA changes. I don’t know if the difference of 5-10 min distance makes difference or not. Check w/ your attorney about it.
Hi Saurabh,
I have a couple of questions regarding L1-B to H1 Visa transfer.
1. I am currently in US on L1-B. I got an L1-B extension that is expiring in early-2013. My company is planning to apply for H1 this year. If my H1 is approved, does my L1-B status automatically get cancelled as soon as the approval comes through ? Or Can I wait until Jan 2013 and then start working with H1-B?
2. I was told that the max no. of years a person can stay in US on L1+H1+L2+H4 Visa is 6 years.By the time, my H1 approval comes through, I would have completed 4.5 yrs in USA. Can my company still apply for a Green Card for me?
Thanks,
Kunal
1. If H-1 is filed and approved w/ COS (change of status), then your status would be H-1 from the COS approval date (usually Oct 1, 2012). If you want to continue working on L-1 until Jan 2013, then H-1 either needs to be applied in June 2012 w/ requested start date of Jan 2013 (H-1 start date can be maximum 6 months later than filing date), or file it w/o COS.
2. 6 year period includes only H-1 and L-1. It doesn’t include time spent on L-2 and H-4. Yes, the employer can still file GC for you. They can request PP for I-140 to get it approved prior to your 7th year extension.
Hi,
I’ve one question, that do we need to tell USCIS that why we need to file H1 (new/transfer) in premium process?
I means for filling in PP do we need to tell them cause ?
I don’t think any reason needs to be specified while upgrading to PP.
Hi Saurabh,
I was on L1 extension through company A, and got H1 approved on 28th Dec through Company B, and I joined B on 9th of Jan and started working. My family is India and I have personal obligation to travel to India as early as possible. I am planning to go to India on 29th of Jan or first week of Feb.
As per my pay schedule, I will be getting pay check for ever two weeks with 4 week of delay, that means I will get my first paystub on 10th of Feb covering 31st Dec to 13th Jan (In my case it will be 9th to 13th Dec).
My employer is saying that he will give a covering letter with pay schedule as I will not have enough paystubs.
Is it ok for me to attend visa interview on 14th Feb with one paystub (9th Jan 13th Jan week) and the covering letter.
Regards,
VN
I cannot say w/ surety if this arrangement will work or not. But if you have no other alternatives, then that’s what you have to try and hope for the best.
Thanks Saurabh,
I can also attach my previous company paystubs right?
Regards,
VN
One more question, I can wait in India until 24th Feb to get my second payslip before I go for stamping right?
Yes, L-1 payslips are also required to show that you maintained legal status until your H-1 kicked in. Also carry W2 for 2011 from L-1 employer.
If you can delay stamping to have more H-1 payslips, then that would help as well.
Hi,
Here is my problem.
Currently I am on L2 and working through one vendor on client site.
My employer has filled H1b (I129) , it almost 4+ months I am waiting for the response.
I’ve signed contract with him of a year.
He never pay me my salary on time, never responses.My paystubs are getting generated through different company (Same Owner).
Now if I leave that company serving notice period:
1) They will stop H1b process – in that case can I work on same visa (I have EAD) or my current visa will also get impacted.
2) Can my new employer file h1 again in 2012.
3) Can he go for legal actions as contract is already breached by his side.
Can you suggest any helpline or site where attorneys can help me out from this mess.
1. You can continue working on L-2 EAD as long as it is valid
2. Yes, another employer can file H-1 for you in 2012
3. You will have to get is reviewed by an attorney to see how much it will hold up in the court. Usually bonded labor is not allowed i.e. your employer cannot force you to work for them for a certain amount of time
Hi Saurabh
Right now I am working for Client C from current H1b employer A, If i want to transfer my H1b to anther Employer B Do i need to change the Cleint ?
Or else it,s possible to continue with the same client ?
Basically without changing the client can I transfer my H1b to new employer.
Yes, as long C is ready to have the contract w/ B. Otherwise, you will have to change the client.
Hi Saurabh
Thanks a lot, have one more question
I recently joined the current company just 2 months going to over if I start H1b transfer what would be the impact on current employer(Invested on h1b premium fees and all) and uscis may ask for the 3 months payslips from current H1b employer rt?
If you have been in US for more than 3 months, then USCIS will ask for 3 months of paychecks. If you have been in US for less than 3 months, then USCIS will ask for paychecks for all those months (which will be less than 3 in count).
Yes, your current employer will have loss of business and revenue including H-1 filing fees if you leave them. Good credible employers don’t go after the employees in such a scenario, but small companies that don’t have huge revenue may go after the employee to recover some of these losses.
Again Thanks so much
But How the small companies will recover the losses from employee once he left the company? what are the legal ways they have ? Are they go for court and all ?
If you have signed a contract, then company can go after you for reasonable business losses. But they would have to prove those losses in the court. If no contract has been signed, then that’s a write-off for them and they need to take it as part of doing business.
Hi Saurabh,
My question is same as mallu but let me phrase it differently. What if current employer A tells non compete to work with the same client even though I have joined a employer B which is not a client.
If the contract doesn’t include employer B, then you can join them. However, if the non-compete agreement covers the client, then you cannot join the client. Be very careful w/ the wordings of the contract, and look out for the fine prints, if any.
Hi Saurabh,
I have L1-B visa and traveled to US for 3 months.
Now I am in India and expecting to travel US in another 2 months.
1) Can I apply for L2 visa to my wife and kids when I am in India? actually I am planning to US with family.
2) what will be the position to go with family to US….
Thanks
Ping4u
1. Yes, they can go for L-2 visa stampings and then accompany you to US
2. I didn’t understand this question
Hi Saurabh,
My L1B expired on 19th Jan 2012. Since my company couldn’t file my H1 on time in Nov 2011, they filed my L1A visa.
My L1A application got submitted to USCIS on 19th Dec and its been in Initial Review since that time. Any idea, how much time it takes for L1A to get approved. Its been applied in Normal processing mode.
If my L1A gets approved I get 2 more years in USA.
But, I am in a dilemma on what needs to be done as I fear in case it gets rejected, I might have to leave US in 1 month. Is that true?
Your response is valuable.
Thanks in advance.
Mukund.
L-1A requires I-129 filing, which these days can take around 4 months.
In case it gets rejected, you will have to leave US ASAP especially if your I-94 has already expired.
Thanks Saurabh for your quick response.
My I94 is expiring in july 2013..What would happen if my L1 A gets rejected in this case. Will my company give me 2-3 months time to leave US and also on paid salary?
Any past experiences of people you know in this situation?
In case it gets denied, then you don’t have to leave as quickly as you would have to had your I-94 expired. But still try to leave within few weeks. The other thing you can do is to file COS to another immigrant status like F-1 or B-1.
However, you cannot work as your L-1 has expired.
Hi Saurabh,
My H1 B transfer was filled on 14th Sep 2011 with Vermont office. Its the fifth month and still initial review status. I just wanted to check, if I join my new employer with the receipt number and later if I get a rejection and my I 94 being valid :
1. Can my new employer file an L1 B for me, with me being in US only ?
2. My wife is already working with my new employer on L1 B, can my new employer file a L2 for me with me being in US as my name is not added as spouse on her current passport but we do have a marriage certificate ?
1. Your new employer can file L-1 for you only if they have a job for you that requires use of proprietary tools/applications/technology and if you have spent at least 1 year working for that employer outside US in past 3 years
2. Yes, COS can be filed from H-1 to L-2 in case your current H-1 transfer gets denied. This needs to be done while your I-94 is still valid and while you are maintaining legal status in US i.e. getting paid as per the LCA. Marriage certificate should be sufficient.
Hi,
My L1 to H1 COS has been applied on Nov 22nd in California as Regular. Would you know what month are they currently processing and by when will my application be processed (ball park).
I am assuming since the next window would open in Apr’12 they would process all the applications before that.
Thanks,
Akash
It’s not necessary for them to process all petitions by April 2012. Although the filings start in April, their fiscal year doesn’t actually start until October. They would want to process as many petition as possible by April to cope up w/ load of petitions that get filed when new quota opens, but they are not required to process everything by then.
Current processing time is around 4-6 months.
Hi Saurabh,
Thanks for assisting everyone in this forum, we appreciate your assistance. I have some questions to ask on my H1B case.
– Currently I am on L1B Visa which expires on April 2012.
– I applied H1B through a consultancy on Aug 2011.
– I got RFE on my H1b, I submitted the RFE and USCIS received on November 22, 2011.
Till now my H1B status is in “Request for Evidence Response Review”.
Question –
Q1. Any idea when I would get any updates from USCIS? since it has crossed 60 days after when I submitted my RFE response. Is this a usual time that would take?
Q2. My current employer is asking me to file for L1B extension. I am confused since my H1B would be canceled if I go for L1B extension – I need your suggestion – Shall I wait for another one month to know my H1B status and then decide on my L1B extension? Please suggest.
Thanks in advance
1. Although they publish 60 days as the timeframe, in reality it can take longer. Unfortunately there is no set SLA for them
2. You can upgrade your petition to PP to get an early response. If it gets approved then you can join the H-1 employer from COS approval date. If it gets denied, then you can ask the employer to file L-1 extension.
Hi, My h1b got rejected and now I need to wait for August to search for L1-B (i have worked 1 year at the company 29th August). Can I work in the US, using Visa Waiver Program (WSP) and apply for L1-B while in the US?
Hi Saurabh,
I have L1 Visa and travelled to US and worked for 3 months and returned back to India. My company A will be sending me to US in another 6 months.
Now My question is :
1) After going to US, I am planning to apply for work visa to my wife L2. if it is possible, after how many months staying in US, have to apply for L2 EAD?
2) In case, I am getting H1 sponsoring to transferred from L1 to H1, when H1 expires Can I apply for H1 extension?
Thanks
Ping4u
1. I don’t know of any waiting period. You can apply for EAD soon after entering US on L-2
2. Yes, H-1 can extension can be applied when your H-1 is about to expire
Hi Saurabh,
Here is my situation;
1. I’m in L1B and currently working in US.
2. My wife has H1B stamped a month ago, but still in INDIA.
3. We both work for same company, same project but I’m in Onsite she is in Offshore.
4. She is still waiting for an opportunity in my location. If she doesnt get anything by this monthend, she is planning to resign the job and apply for L2 and join with me here, as we have a 1yr old kid.
5. If she applies and gets L2, Will the H1B visa be cancelled and go waste?
6. After coming here in L2, can she apply L2 to H1B w/COS with the cap of existing petition which is not expired.
7. Can the old H1 petition’s cap be reused for applying COS from L2 to H1B?
8. She has never worked in H1 after its stamping and hence have no paystubs with that H1B. Will this cause any issues in L2 to H1B transfer?
My main objective is to know the quickest way for her to work after coming here in L2 without waiting for 90 days for EAD!!!
5. No it will not go waste. Another employer can file cap-exempt petition for her in future on the basis of already approved H-1 petition. Remember to keep a copy of 797 for future reference
6. Correct
7. Yes
8. No it won’t. Paychecks are required only if a person has worked in US on H-1.
Saurabh,
I have couple of more questions;
1. Can she apply L2 to H1B without having EAD? Or, L2 with EAD is a must for applying H1B in her case?
2. Which one would be done quicker in terms of processing time, L2 to H1B or getting EAD for L2?
1. EAD is not a must
2. Both take around 2-3 months to process.
Hi Saurabh,
I am currently on L1A individual visa with company A. My client company B said they want to process my H1B in April 2012.
1. My L1A individual is valid till 2013. Can I continue to work on L1A for company A till Oct 2012 and then work for company B starting Oct 2012, without leaving the US ?
2. If I understand it correctly, I only have to go for a H1B stamping if/when I leave the US. Is that correct ?
Thanks , Sai.
One more question (sorry, I should have asked it in my previous post) :
3. If my H1 is denied for some reason, does that impact my L1A or can I continue to work for Company A on L1A till it expires in 2013 ?
You can continue working on L-1A in case H-1 gets denied.
1. Yes, if B’s petition is filed and approved w/ COS. They can request H-1 start date of Oct 1. When USCIS approves it w/ COS, you can start working on H-1 from that date
2. Yes, if it is approved w/ COS
Hi Saurabh,
Help me by answering below questions..
1. I am on L1B visa working for Company A. My visa is valid until April2013 and I-94 until Jul2014. Since my I94 is valid even after visa expires, can i work with out applying for L1B extension after April2013?
2. I94- Not sure on year ‘2014’ or ‘2017’, hand writing is not clear.Is there a easy means to confirm the year?
3. I have read in your replies that H1b can be applied w/COS or wo/COS. Can you explain in detail what is wo/COS? Once the H1B is approved, does this give a chance to work on L1 visa even after Oct2012?
4. If i apply for H1B w/COS and get the approval, my L1 status will automatically converted to H1B on 01Oct2012? and I should find a job with in a month..
5. One last Q. If I have H1B w/COS or wo/COS approval by end of Jun2012, can I travel to India in Aug and come back to US to work on L1B with out having to go for H1B stamping in US embassy?
Thank you..
1. You cannot work unless L-1 extension is applied and approved.
2. I highly doubt if it would be 2017. Did you enter US in 2011? If yes, then it would be 2014 as they usually give it out for maximum 3 years
3. For COS, refer to this response
4. You will have a job at the time of H-1 filing. Your job is w/ the employer who has filed your H-1, and you need to start getting paid on H-1 from the COS approval date. The employer is supposed to pay you irrespective of whether you have a project or not.
5. If you return on L-1, then your status would become L-1 and you will have to continue employment on L-1 (irrespective of H-1 getting approved w/ COS). In order to start working on H-1, you will have to again apply for COS, or get H-1 visa stamped from a consulate.
Hi Saurabh,
I see this post is mainly for L1 to H1-B transfer. But I’d like to check regarding L2 EAD to H1-B transfer. I’m currently working on a L2-EAD and would like to apply for a H1-B this year. And I had a previous unutilized(never) and expired H1-B from a previous employer, how would this work for me?
An employer can file H-1 petition for you using the previously approved petition (you would need copy of 797 for this). It can be filed w/ COS and once approved, you can start working on H-1 from the approval date.
This can be done anytime of the year as you have a previously approved H-1 petition.
When can I/any co. can apply for my H1
Came to USA 10th Sept 2011 on L1A and it is valid till 24th Feb 2012
got i94 till 9th Sept 2014
Note: my co. is not extending L1A, as already i94 is till 2014
H-1 can now be applied on or after April 1, 2012, w/ employment start date of Oct 1, 2012 or later.
You can continue to stay in US on L-1 based on your I-94, but you cannot work if L-1 extension is not filed. However, check w/ an attorney if USCIS would question about your L-1 extension when your H-1 is filed.
My L1B visa was expiring in a month and so my company applied for H1B COS. I received I129 till end of 2014. My L1B was issues in 2009.
My question is about the extension of H1B in 2014. Can I go for a H1B extension in 2014 or should I apply for a new visa afte a gap of 1 year?
One can spend only 6 years in US on H-1 and L-1 visas. Only the time spent inside US is counted towards the clock. So that should give you an idea on what can extended and for what duration. If your GC is filed, then after a certain stage, you will be eligible for 7th year extension and beyond.
Hello Saurav,
My L1A will be expired on AUG’2014 and after that no further extension is possible. If I want to transfer to H1B, how long I can stay in H1B(aprox.).
One can spend only 6 years in US on H-1 and L-1 visas. So your H-1 term will be 6 years – time already spent in US on L-1A.
Hello Sourav,
I am at this moment in L1A visa with family. It will expire on AUG’2014.
I am interested to do Master Degree in Business Intelligence. If I want to transfer my visa to student visa(OPT/F1), I’ll be eligible to work with other company. Now my question is that
How long I can stay in student visa?
If I want to transfer the student visa to H1B after one year, then how long I can stay in H1B ?
When you move to F-1, you will be issued a new I-94 as part of COS, which will determine how long you can stay on F-1. Usually it’s granted for the term of your course.
When you move to H-1, you will be issued another I-94 as part of COS, which will determine your stay on H-1. It will depend upon how much time you have already spent in US on L-1 visa, what your employer requests and what USCIS feels appropriate based on submitted documents. A person can stay for maximum of 6 years in US on H-1 and L-1 visas.
Hi Saurabh,
Great job with the posting and answering the queries!
I got one of my own: my company will be processing my L1 in few months from now but I do not wish to stay with them for more than a year. When should I start looking for a new employer who can provide with me an H1? Also will it be easier for me to find a new employer who can sponsor my H1 (Skills: LAMP Location: San Jose, CA)?
You can find an employer to file a petition for you as soon as the quota opens i.e. April 2012. They can file it w/ COS so that your status becomes H-1 from the approval date (Oct 2012). If you want to continue w/ L-1 employer for a longer period, then the H-1 can be applied w/o COS, and once you are ready to move to H-1 employer, then file for COS.
You can search for positions requiring your skillset on job sites like dice, monster etc.
Hi Saurabh,
My company is going to process my L1 visa. But I am stuck here in a complicated situation. Actually i have been working in my present company from past 4.5 years. I completed my Masters in 2005 & after that for 2 years i kept struggling for jobs. But i didnt find one. So i finally made up a resume with fake experience of 2 years & i got an offer from the company in which i am working currently. Now i have two concerns here, one is a fake experience & another is that that company is declared as a fake company & it doesnt exist. I am worried that will my petition get rejected if they check about my former employer? Also i have B1 visa from my current company & while submitting application for B1 visa, i have mentioned, that fake company as my former employer, so now i guess my company will again mention that in my L1 visa apllication form, I am afraid will it cause a problem?And as i have enough experience am not going to use that fake exp while shifting to other company.
Yes, it may cause a problem if they decide to do background check and find out that the old company didn’t exist. Usually they look at current employer, roles and duties when going for L-1 visa interview. So if the VO sticks to that, then you should be fine.
There are two ways to get out of it:
– come out and tell the employer the truth
– tell the employer that you no longer want to mention about the old company in your forms
Saurabh what you are telling is right, but if i do like u say & even if my employer listens to it, what about the B1 visa application form which already has the name of the fake company as my former employer. If the visa officer questions me about my former employer & if i say this is my first company & if they cross check my B1 application form & find out i do have a former employer, wouldn’t it cause a prob? wouldn’t it result in rejection?
If I understand correctly, your B-1 visa stamp still has current employer’s name. It’s just that when filling the DS form for that visa you must have mentioned the old employer’s name, which doesn’t exist.
DS-160 form asks for employment during last 5 years. So you may decide to skip it and hope that VO doesn’t compare the dates w/ your old form to ask about that employment. If you want to get away from that old employer, then you need to stop mentioning about it in the DS form and come out clean. Else it may hurt in the long run.
Hello Saurabh,
I was desperately looking for one of your previous responses around the time frame of Dec 15th-16th 2011. But it seems that the archives from Dec 13th to Jan 13th are altogether missing. Can you please check with the technical team and help restore the same.
Thanks,
Dickey
Are you looking for your comments on this page?.
Once there are too many comments on a page, it gets paginated. You will have to click on the link “Previous Comments” to access older comments.
Hi Saurabh,
Thanks for all the insight on this site.
I am working for company A on L1B that expires Feb 29, 2012. Company B wants to sponsor H1B on my behalf. I understand B cannot apply for H1B before Apr 2012 and I cannot start working for B before Oct 2012 or later, if approved. I want to stay in the US between the two jobs, if possible.
1. Can B apply for H1B (Apr 2012) after L1B is expired (Feb 2012)?
2. If yes, can I stay in the US until the H1B reply?
3. If no, how long can I stay after the L1B expires?
4. Are there other options that might enable me to work for B earlier?
1. Yes, they can, but for COS to be approved your I-94 needs to be valid at the time of applying. This means your L-1 extension needs to be filed and approved w/ an extended I-94 and only then H-1 can be applied w/ COS. If your L-1 is not extended and your I-94 is expiring in Feb 2012, then you have to leave US and apply H-1 from your home country.
2. Refer to (1)
3. You have to leave by the time your I-94 expires unless L-1 extension is filed
4. You cannot work for B until Oct 2012 as this is your new H-1 which is subject to cap.
hi… i have a couple of queries here…my company is going to sponsor my L1 visa. and people say that with L1 we cannot switch job to another company. is that true? OR after going to usa working there for a year or so can i find an employer who is willing to sponsor my H1. is it illegal? & can my wife do any sort of work in L2, is she eligible to work in any company with L2 visa though she has only 15 years of education?
When people say that you cannot change employers when on L-1, they are referring to changing employers while continuing to stay in the same visa status i.e. L-1. So you cannot continue to stay on L-1 and change employers, but you can move to H-1 and at the same time change employers. There is no minimum time one needs to stay on L-1 before moving to H-1. Does that clarify?
Yes, she can apply for EAD and then start working on L-2. Once you move to H-1, she will have to move to H-4 and at that point she will have to stop working.
Thanks Saurabh for your input….
Hi Saurabh,
I have been rejected for my L1 A before few month for not having enough experience with current employer and employer has filed the H1 for this year and petition is under review. Can you please tell me whether the chances for H1 getting rejected because of L1 A rejected already and is that the reason for delay of current H1.
Thanks in Advance
Pramesh
L-1A rejection should not impact your H-1 processing as the rejection reason was eligibility for L-1A, which is not applicale to H-1.
Hi Saurabh,
Your site is veryful for all the H1 queries. I have few questions regarding the H1 transfer. I came to US on L1 and converted to H1 from Mar 2011 as CORP to CORP basics. Now, I wanted to do H1 transfer to another company B.
I worked from Mar 2011 till Oct2011 and my project ended on Oct2011. Due to personal reason i was not able to work in the month of Nov and Dec 2011. I joined new project as of Jan 2012 and working currently.
1. If I need to do H1 transfer, Can i use Sep 11, Oct 11 and Jan 12 payslips ?
2. Whether USCIS will question reg. the 2 months gap ?
3. What are the complications of missing 2 months ?
4. What are the options to do H1 transfer ?
Thanks in advance.
KK.
1. No, transfer will not be successful w/ those paychecks
2. Yes, they would ask for it
3. Transfer would be denied
4. USCIS usually asks for 3 most recent paychecks. So if you apply for H-1 transfer in April-May, then you will be required to submit paychecks from Jan-Mar and W2 for 2011 and may get approved.
Thanks Saurabh for clarification. But the employer B says, one month paystub is fine to do the H1 transfer. Whether its true ?
B can try, but chances are it may get denied. 1 month paycheck is sufficient if the person has been in US for just 1 month. As you have been in US for more than 3 months, USCIS would expect at least 3 months of paychecks.
Thanks Saurabh. Employer B wants to try with 1 month paystub. My questions is :
1. If Employer B files for H1 transfer and gets rejected, what will be my status ? Can I work for Employer A asual ?
2. Do my employer A will know about the H1 transfer if its gets rejected or approved ?
Thanks,
KK.
1. You can continue to work for employer A. Do you plan to work for employer B as soon as the petition is filed, or after the transfer has been approved?
2. No, they won’t know about the transfer
Hi,
I am currently working on L1B which expires on Aug 2012. But my project work is getting extended for 2 more years. Can I go for L1B extension or ask my employer to file for H1 B in 2012.
Can I continue to stay in US if H1 B gets approved before Aug or should I have to leave US after my L1B expires, get it stamped and come back in October.
Please advice which would be the best option.
Thanks in advance.
– Venkat
Based upon what the job requires, your employer can file either L-1 or H-1 for you. If H-1 is filed and no L-1 extension is applied, then you can continue to stay in US beyond Aug 2012. If only H-1 is filed, then you will have to leave US after L-1 expires in Aug. This is b/c your H-1 will be starting in Oct 2012 and there will be a gap of around 1 month in b/w.
When both H-1 and L-1 are filed, you need to be careful of the order in which they get approved as the one that gets approved later determines your eventual status. One way out is to apply for both, and withdraw L-1 extension once H-1 starts in Oct 2012. For this, you have to plan in such a way that H-1 has approved by Oct and that too w/ COS, and L-1 is still pending in Oct.
What the time lines for applying H1 B visa in 2012?
H-1 can be applied on or after April 1, 2012. H-1 employment can start on or after October 1, 2012 depending upon when it gets approved.
I’m in L1 Visa, I already spent 3.5 years in US, and my current L1 Expires at 2nd september 2012, from there I have 11 months more to extend in L1.
I’m planning to apply H1 but I should be able to use H1 from October, please let me know how to maintain my legal status september whole month..
When is your I-94 expiring?
I’m in I-94 extension and it expires 2nd september 2012
I know one can continue to stay in US when there is COS pending, b/c it acts as a bridge. However, when your new I-94 will start from Oct 1, then the bridge is not complete. I don’t know if you can legally continue to stay. You can check w/ a lawyer about it. If you are not allowed to, then here are few options you can try:
– leave US and return in Oct after getting H-1 visa stamped
– ask L-1 employer to file for L-1 extension, and then have it withdrawn once you start working for H-1 employer from Oct 1
– file COS to another visa status like B-1 allowing you to legally stay in US. Again, have it withdrawn once you start working for H-1 employer from Oct 1
Hi Saurabh,
I’m on L1 and my last date for the assignment is 31 Jan. I have filed premium H1 through another company and waiting for its status. My wife is on H1.
I’m hoping everything will go well.. H1 was filed as non-excempt.. based on my previous 2010 approval.
What are the chances of getting approved?. what are the other options I have look for for staying back in US?. Please advice.
Thanks
Nikelesh
Chances of approval will depend upon lot of factors including your profile, adherence to immigration laws, employer profile, proposed job etc.
It is approved finally. Thanks a lot Saurabh. You have been very helpful throughout this.. I wish I talk to you and thank you in person. If possible do send me your number to my id. I have been following whatever you guided so far. Your advices are 100% correct and accurate. Appreciate your work. Thanks a lot again.
Congrats Nikelesh. I am glad it worked out for you. Good luck w/ your new employment.
BTW, where are you located in US?
Saurabh,
I’m located in NJ
Thanks
Nikelesh
I’m in CA. In case you want to get in touch w/ me in future, you can drop a message on this forum and I will respond back. I prefer to be anonymous 🙂
Hi,
I work in company X with L1 visa (valid till Oct2012). But I applied for H1B through company Y. I got my H1 approval from company Y last year in August and i got I94 from 1st Oct 2011 to 30Aug2014. But then Company X forced me to go back to India. I visited India and came back on L1 visa. I didnt go for H1B stamping.
Since I am in USA, Now I want to work with Company Y (Consultancy) since they still have my H1B approval with them and I also got the project on Crop-2-Corp basis.
For that I have following questions.
1) When can I resign from Company X (who holds my L1 Visa) if company Y files for COS for my H1B?
2) Can I start working from the day when Company Y files for my COS? or do I have to wait for COS to be approved?
3) Can COS be filed on premium basis? How much time does it take to get COS approval in normal basis and in premium basis?
4) If my COS gets approved and meanwhile I dont get a job, so can I still work with Company X till the time I get job?
Kindly help me out with above questions…
Thanks.
1. What’s the notice period you have to give to X? You have to time your resignation in such a way that you work for X until COS is pending and work for Y from COS approval date.
2. You can work for Y only from COS approval date.
3. There is no PP for just COS. Usually it takes around 2 months for regular processing
4. No. If COS is approved then you have to work for Y on H-1, and can no longer continue to work for X.
Another option is to file COS and request a date in future (say 4 months out). This will give you ample time to plan even after COS gets approved in lets say 2 months.
HI Sourabh,
Thanks a lot for your reply.
My situation is becoming critical. My new employer Y is forcing me to to start the work from the day he files for my COS. As you said that I can not start working for new employer until I get my COS approval.
he is also telling me that He will file my COS in premium processing. As you said that there is no premium processing for COS approval.
Now the question is
1) Do you think his options are worth considerable?
2) Do you think I should Take a risk? If I take a risk, so will it be problamatic thing for me when I come to america again or I go for visa stamping?
3) Is there any other way that you can suggest?
4) Do you think should I contact work visa Attorney for this…
your inputs will be appreciable.
Thanks.
1. He can explore to find if he can find COS in PP, but my understanding is that there is no PP available for COS. It’s only possible when filed along w/ I-129.
2. It can cause issue in future if USCIS realizes that you worked on H-1 even though you were admitted on L-1.
3. Get H-1 visa stamped and then enter US on that visa stamp to be on H-1.
4. If your H-1 employer has an attorney, you can discuss the same w/ him. If not, you should get legal advice from an attorney and then share it w/ the employer.
Hi Saurabh,
Currently I am on L1B visa which will be expire in Oct 2012. At the port of entry immigration officer mentioned the i-94 date till Aug 2014 when I came to the US. So can I stay in US after Oct 2012 without extending my visa or i-94?
Thanks
You can continue to stay, but you cannot continue to work if your I-129 expires in Oct 2012. To continue to work, your employer needs to file for L-1 extension.
Hi Saurabh,
Thanks for all your valuable inputs!
A friend of mine, is in the process of his L1 extension through company A, he got his H1 approved through company B with COS on 1/12/2012, however his first name is spelt wrong on I-797, the question is can he start working with company B or he needs to wait until his name is corrected on the I-797 before he join company B.
Regards,
VB
He can start working for B on H-1 based on COS approval. Meanwhile, the employer can file for amendment to get the name corrected.
Hi Saurabh,
Here’s our situation, I am on L1 with company A which is valid till feb 28th 2012. Another company B has filed for my h1b with COS which I got approved today( after waiting for more than 8-9 months).
I am yet to serve the notice period for company A. Is it possible to apply for COS again effective from 1st March ?
Since COS was once approved, are there any chances of getting rejected if applied again or no chance of rejection as it was already approved once???
As we had not expected the approval with COS my spouse has gone to India, can he come back to US on L2, or will the visa status be updated at the airport’s immigration system about L1 and H1 switch ???Or will it affect our future GC process.???
Stamping is not a feasible option for me at this point in time.
Thank you for your valuable suggestions
You are on H-1 from the COS approval date. If you want to work on L-1 for some more time, then the best option is to travel outside of US and return on stamped L-1 visa stamp.
Your spouse can return on L-2 visa stamp only if you are back on L-1 status. If you continue to remain on H-1 status, then your dependent needs to go for H-4 visa stamping and then return on H-4 visa stamp.
Why didn’t your expect your COS approval? Your employer must have requested for it, and that is why USCIS approved it.
Thanks for reply Saurabh.
Like I mentioned earlier it took more than 8 months for the approval- we upgraded it to PP last month, may be then they have made it with COS.
Inspite of telling about them the notice period, they have filed with COS. I am willing to travel outside to keep L1 status active till march. Will Canada or Mexico do? or Do I need to travel to India???
Also, what are the chances of COS getting rejected if applied again or is there no chance of rejection as it was already approved once???
Thanks once again for your help.
You can travel to CA/MX and then return on stamped L-1 visa. When the new I-94 would be issued on your return, your status will become L-1.
Later, COS can be filed to H-1. It will be approved based on:
– whether you have maintained legal status all along (both on L-1 and on H-1)
– whether your H-1 employment is still valid and job/requirements still exist
It will not be adversely impacted by your current COS as long as you don’t stay on H-1 w/o pay and not work for L-1 employer while being on H-1.
How long will it take to get a visa to Canada or Mexico? and which one has shorter wait period ? Because, my spouse is suppose to be travelling back to US in few days.
What might happen if he travels during the H1-L1 transit is not fully completed( worst case)?
I don’t know which one takes shorter time.
If your L-1 visa stamp is still valid, then I don’t think it would be an issue. In worst case scenario you may have to return to home country and then travel to US after sorting out the mess.
Thanks alot for your timely suggestions. Hope everything works out fine.
Hi Saurabh
I have just one quick question
Initially person working on the L1 visa(A) and applied for extension. now working on the H1b visa with COS. but after H1b approval , L1 also got approved.Is there any impact on the current h1b visa employer as its all together different company(B).
Thanks in Adv
If L-1 extension got approved after H-1 COS was approved, then the person is now on L-1 status and not H-1 status. The person needs to work for L-1 employer now. In order to work on H-1, the person either needs to file COS to H-1, or go out of US and enter on stamped H-1 visa.
my H1 visa application was submitted in the end of october however it still shows initial review. Does it mean that it is almmost rejected?
They are currently processing petitions from Aug (Vermont) and Sep (California). So your petition may get processed once the concerned center starts processing petitions for that month. Delay doesn’t mean denial.
Hi,
I came to US on L1 and my visa will expire after 2 years. I want to leave my company but still stay in US. What is the process to transfer from L1 to H1 and also can I apply now and start working in some other company if I get a job in next two months? Please reply..
H-1 can now be filed only on or after April 1, 2012 (first day of filing for next fiscal year). It can be filed as long as the quota remains open. In addition, one cannot start to work on H-1 until Oct 1, 2012 or actual approval date, whichever is later.