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,
How are you doing?. You have helped me a lot in deciding .. my L1 to H1b transfer.. and couple of other issues which my wife’s visa had.. now we are okay .. etc I’m back again with one more…
My current employer has asked me to sign a employer agreement.. which has following section…
“The Employee acknowledges the time, efforts and resources the Company has and agrees to expend in employing Employee. Employee understands that the Company is depending on the Employee to implement projects with the clients and the company will suffer damages if Employee terminates the employment prior to the Commencement Date, Term Date or Termination Date. The Employee agrees that the liquidated damages amount is a reasonable forecast of the just compensation due to the Company for Employee’s breach in which the monetary damages are difficult to assess accurately. The Employee agrees that if the Employee terminates this Agreement prior to the Termination Date or Term Date, the Employee will pay the Company a sum of Three Thousand Dollars ($3,000.00) for every month remaining on the Term Date or Termination Date, whichever is later, as a liquidated damages sum for the breach of this provision only which is in addition to any other damages Company may seek for a breach of any other provision in this Agreement including but not limited to, the non-solicitation and non-competition provisions of this Agreement. The liquidated damage amount for a breach of the term provision shall apply if Employee fails to join Company after executing the Agreement even if Employee is not yet placed on an assignment or project ”
Please let me know what I need to do now.. he is a pure desi company and squeezes out blood and money.. right now my plan is to stay with this company for 3-4 months and move to a different company..
Please advice!..
Thanks!
Nikelesh,
At times companies can extract liquidated damages from the employee for loss of business. However, they would have to prove in court that they have occurred such expenses. 3000USD per month seems pretty high to me.
However, get the contract reviewed by a labor lawyer as well to make sure you have all bases covered.
I just wanted to clarify a few doubts. It will be really great if you could
help me understand. I am on H1b with company A. Company B has filed for H1b Transfer and I have got the receipt number also.
1. Since the H1B transfer is not yet complete, can I work for two
companies at the same time. In case my current employer poses problems in
release, is this option at all feasible?
2. If no, then if my current employer (out of irritation) sends a mail
to USCIS to cancel my H1B but the transfer request is already under review,
would my H1B status be impacted in anyway?
3. My offer letter says Employment at will so can they do something
legally against me for not giving more than 1 week’s notice?
Neha,
1. You can work for multiple employers as long as you continue to satisfy LCA requirements for both employers. However, I don’t know if company/labor laws allow you to work for 2 employers who might be competitors (in IT).
2. It won’t be impacted and you can move to the new employer in case old employer withdraws the petition
3. Usually “at will” means one can end it on a day’s notice as well. So they shouldn’t be able to take any action for not serving the notice period.
In case of H-1 transfer, you can start working for the new employer as soon as the transfer petition is received by USCIS and can leave the old employer.
Thanks Saurabh!!!
Hi Saurabh,
I am currently on L1 and have my i-94 & Visa valid till 2014. I have found a sponsor for filing my H1 this april. I am aware that i can only start to work from Oct 1 with the new employer (Assuming H1b petition is approved). Now,
1. After H1-B petition is approved, what happens to my L1 Visa ? Is it Void or Is it valid till the L1- Visa expiry date ? Can both L1 and h1-b exist at the same time for a person ?
2. If i travel outside country after h1-B is approved, i need to get it stamped . right ? since there is a possibility of rejection here, can i go for H1-B stamping
before oct 1 and if i get the stamping, i can work on h1 (new employer), else i can back to US and continue on my L1 (old employer) ? Is this a good approach ? Any risk in this approach ?
My concern is simple, I dont want to switch to h1 and lose out on my L1 if h1 stamping is rejected. Kindly advice. really appreciate your help in this regard,
Many Thanks,
Viki.
Viki,
1. If your H-1 is filed and approved w/ COS, then you will be on H-1 visa status from Oct 1 and can no longer work on L-1. To go back to L-1 visa status, you either need to file COS from H-1 to L-1 or enter US on stamped L-1 visa.
2. You can go to home country before Oct and try for H-1 stamping, and can return on L-1 in case H-1 is rejected. The only thing to watch out for is that there is a possibility that the officer may cancel your L-1 at the time of stamping. If the officer intends to do that you will have to request him not to do so along w/ a valid reason (like you still want to work on L-1 for sometime to complete a project etc). It will be his discretion then whether to cancel or not.
Thanks for the quick respone saurabh, Just couple of more questions
1.When i file for H1, do i also need to file for my dependants h4 at the same time OR can get their visa and status changed later on ?
2. Assuming my H1 is approved with COS, is there a possibility for my H-1 stamping to get rejected when i visit india before Oct ?
3. After H1 petition is approved, i intend to travel to India for h1 stamping before oct 1. Do i need to take amy family along.or i can get their stamping when they travel to India afterwards.
Thanks,
viki
Viki,
1. COS needs to be filed for your dependents along w/ your H-1. This way they will move to H-4 when you move to H-1.
2. Yes, there is always that possibility
3. If your visit to India is a short one, then you can go and leave your family here. But if it’s a long trip, then you cannot “park” the family here. So consult an immigration lawyer in case your stamping goes into 221g rejection and your family is still here in US.
Hi,
I am Currently on L1-B Visa and my 5 year term with this Visa is expiring in Jan 2012. My company is planning to apply for an H1-B this year and also for a GC.
My question is:
1. Can my company start the GC process now (while i am still on L1-B) and transfer the GC process to H1-B once I have that Visa?
2. Say I get my H1-B Visa for 1 year (Oct 2012 to Sept-2013). By what date does my company have to file for GC (at the latest)?
NK,
1. Yes, they can start while you are on L-1. As long as the job duties listed in the PERM filing do not change by more than 50% you should be fine.
2. To be eligible for 7th year extension, either your PERM or I-140 needs to be pending for at least 365 days.
BTW, you mentioned your 5 year term is expiring in Jan 2012 and that has already elapsed. Was that a typo or was it the right date?
Thanks for the response. And Yes.. I meant Jan 2013.
Saurabh,
A consulting firm is ready to tranfer my L1B to H1B. I am currently on my L1 visa extension working for a large Indian firm. I may need to leave to India when the process is started. If my H1b is approved,can I switch my H1b filed by the US consultant to any other Indian Firm,go for stamping and come to US?
DOSS,
Yes, you can do that. Or the Indian employer can file a fresh H-1 petition (assuming quota is still open) and you can go for H-1 stamping through them and come to US on H-1. This would give you more flexibility around dates as you will no longer be bound w/ approval of H-1 through the consulting company.
Thank Saurabh,Once the h1b from the consulting firm is approved,while I am India.
What will happen to the H1B visa,if I am not taking the job from the consulting firm.?
Can I still transfer this H1B ,can I switch from my present firm to any another firm in India?
If my present firm wants to file a new H1B for me later, if I am still working with the same firm in India (I cannot tell my present firm I filed a H1b while in US) , can I still go ahead? will there be any problems?
DOSS,
Yes, you can do the transfer. Any other employer can file cap-exempt petition for you on the basis of already approved H-1 petition. Besides the usual documents, you would need copy of 797 from old employer and payslips on H-1 (if you have spent time in US on H-1).
Hi Saurabh,
I have a question regarding H1B visa transfer . I have H1-B visa and working for employer A . I got a offer from employer B and my visa transfer is completed and approved for employer B but I have not yet joined employer B . Now I get better offer from employer C . I would like to join employer C .
Is there any legal obligations in joining employer C ? . Please let me know .
Thanks in advance .
Regards,
Kiran.
Hello,
I have a question regarding H1 B Visa. Currently i am in US since 2010 on L1 Visa which expires in Late 2013. I recently found an employer who is ready to sponsor H1B this year (After April 2012). I understand that if my H1B petition is approved, i can start working for the new employer from October 2012. Now, i have to visit India in May 2012 and at that time my H1 B petition will be under review. My question is:
1. Can i return to US using my existing L1 visa in May?
2. Can i work till September with my current employer in L1, even when i leave US for few weeks in May?
3. Do i need to leave US for stamping if my H1B petition is approved?
Regards
Liana
Liana,
1. Yes
2. Yes, provided L-1 employment is still valid
3. Your COS would be abandoned once you leave US. So when your H-1 gets approved, your status would remain L-1. To go to H-1 status, you need to get H-1 visa stamped from a consulate or file COS to H-1 after the H-1 has been approved. The other option is to file H-1 petition after you have returned to US in May.
Hi,
I came to US on July 2006 in L1 visa thro’ company A, then i got my H1B visa on October 2008. I changed my visa status to H1B and work for company B.My I-94 is going to expire on July 27,2012. Am i eligible for any other extensions?
I am staying in US for 6 yrs (in L1- 2 yrs & in H1B – 4 yrs). In this total period, i am out of US for 15 days only.
If i am not eligible for extensions, then what are the other options i have?
If i apply for Greencard on March/April 2012 in Premium process, am i get any chance for further extensions?
Thanks in advance,
Karthi
Hi,
I came to Us on July 15,2006 on L1 visa thro’ company A, then I got H1B visa on October 2008, then i changed my status to H1B and work for company B.Now, my I-94 is going to expire on July 27,2012 (almost in L1- 2 yrs & in H1B – 4 years = totally 6 yrs ).In this total period, i was in out of US for 15 days only.
Am i eligible for any other extensions in H1B? if not any other options are there to stay here in US?
Suppose if i apply for Greencard in March/April 2012 in Premium process, is it possible to get further extensions?
Thanks,
Karthi .
Karthimano,
At the moment you are not eligible for 7th year extension. However, you can become eligible if your PERM or I-140 have been pending for more than 365 days. As only 6 months are left before your I-94 expiration date (which is the deadline for filing extension) you may not have enough time in your hand. Even before the PERM can be filed, there is work needs to be done (DOL wage determination, job advertisement and quiet period aka review resume).
I’m in L1B and my visa & I-94 are valid till Apr’2013 and staying in US for past 8 months. I’ve not done any extension before. My company is ready and wants me to change my visa to L1A or H1B to initiate GC in EB1 Category. I’m going to India for a vacation by end of May for 3 weeks.
Please could you clarify the below things for me .
After Coming back which visa should I transfer to – H1B or L1A ?
In case if I move to H1B or L1A will by visa expiry date extend beyond my current expiry of Apr’2013 ?
What other options do I have to stay beyond Apr’2013 ?
Mani,
After Coming back which visa should I transfer to – H1B or L1A ?
>> Depends upon the job requirements
In case if I move to H1B or L1A will by visa expiry date extend beyond my current expiry of Apr’2013 ?
>> Yes, provided employer has requested the same
What other options do I have to stay beyond Apr’2013 ?
>> Based on your job requirements, another option would be L-1B extension
I am currently in L1A visa in company A. Company B wants to process my H1B. Is it possible that company B can start processing my Labor right now before joining in order to speed up the whole process? I’ll join the company B after 01-OCT-2012.
BAS,
Yes they can file the LCA now. However, I-129 cannot be filed until April 1, 2012 and you cannot start to work until Oct 1.
Hello Saurabh,
G’Day. I am currently in L1 B visa and i am planning to quit my current company as i want to move from U.S to another Country for which i have my Permanent residency .
My current I-94 is valid till July 2012, so will there be any legal issue if i am going to quit from U.S and move directly to the other country? – Please suggest.
I am ready to serve the notice period of the current employer in U.S if required or will pay the notice period amount – so with my I-94 valid and by serving the contract terms – do i need to worry about any other legal measures when moving out of U.S? Please advise.
Will my current employer terminate my L1 B Immediately or i can stay till my i-94 validity in U.S – Please advise.
Gokul,
To work for another company, that company needs to file H-1 for you. Earliest start date to work on H-1 is Oct 1. As your L-1 and I-94 are expiring before that date, it may turn out to be an issue. To continue to live and work b/w July 2012 and Oct 2012, your L-1 extension needs to be filed. If extension is not filed, then you will have to leave US after July 2012 as there will be no I-94 covering the period b/w July 2012 and Oct 2012. You can check this w/ an attorney as well.
Hello Saurabh,
GM. I did not fully understand your response… i am not planning to change employer in U.S, i am looking to move out of U.S to another country where i have Permanent residency… so my primary concerns are as below
My current I-94 is valid till July 2012, so will there be any legal issue if i am going to quit from U.S and move directly to the other country? – Please suggest.
I am ready to serve the notice period of the current employer in U.S if required or will pay the notice period amount – so with my I-94 valid and by serving the contract terms – do i need to worry about any other legal measures when moving out of U.S? Please advise.
Will my current employer terminate my L1 B Immediately or i can stay till my i-94 validity in U.S – Please advise.
thanks
Gokul
Gokul,
Sorry I misunderstood your question.
There will not be any issues if you leave US and your current employer and move to another country. Make sure you leave before your I-94 expiration date, as this may be looked into when filing future petitions.
If you resign from your current employer, then it is up to them whether to terminate your employment immediately or allow you to stay until I-94 expiration date. If they terminate your employment, then you will have to leave US ASAP, else can stay until last day w/ the employer.
I had a H1 visa stamped in 2008 but I never travelled to US on that visa.
In 2009, my company sponsored me for a L1 visa on which I am currently in US.
I am considering a job change, can I use the H1 visa issued to me in 2008 for a H1 transfer or I need to wait till october 2012 till they open the visa cap for H1 visas for 2012.
Mrinal,
You can use that visa and have an employer file cap-exempt petition for you. You don’t need to wait for the cap to be opened in order to file the H-1.
Hi Saurabh,
I have an RFE on my L1-A extension petition. My attorney will be responding to it on Feb 27th on premium processing. My L1-A visa expires on March 16 2012 and my I94 expires on March 17 2012.
My wife has a H1-B visa. I want to file a COS from L1-A to H4 just in case my L1-A extension is denied. If I file my COS on Feb 28 or March 01 2012, based on my COS application, can I continue to remain in the US beyond March 16? What if I receive a L1 denial notice before I receive a confirmation from USCIS on the receipt of my COS? Your response here is highly appreciated.
Thank you.
MDT,
Yes you can continue to stay in US based on pending COS application as long as it has been filed prior to I-94 expiration date. You can check w/ your attorney as well.
Thank you so much for your prompt response, Saurabh.
Can my employer reapply for a fresh L1-A petition just in case the current L1-A petition is denied? Will the process involve reapplying afresh or can the same petition that was denied be contested?
MDT,
The same petition’s denial can be contested if you and employer think that it was denied on incorrect grounds and you have reason to believe the decision can be overturned. Else you can go for a new petition after correcting the reasons for denial.
Hi
I have a L1A Visa untill nov 2012 with current Employer .Another employer is ready to hire on April 2012 itslef . I do have a Valid B1 visa and i-94 valid with L1A visa till 2015 . Can I know the possibilities to work with the new employer from April 2012 . They are willing to process the H1 but that will reqire time untill oct 2012 .
David,
You cannot work for employer until Oct 1, 2012 as you have never held H-1 in the past.
L1 Visa extension is denied. I know that we have to leave USA.
Now what are the options open to come back to USA ?
Can the employer initiate to process the premium visa, or etc.
Samy,
Your employer can file another L-1 visa for you, but unless they are able to address the reasons for rejection, it may meet the same fate. H-1 is another option (filing starts April 1).
Hi Saurabh,
My L1 got rejected on dec 19-2011 but my employer informed me just today that’s feb 24,2012. I had left US on Jan 27,2012. If my employer wishes to re-apply L1 or apply H1 for me, what will be the implications of our unlawful stay till Jan 27?
Regards
Misha
Misha,
It might be. USCIS may question about the period, and will approve/deny the petition based upon your response.
Hi Saurabh,
I am working with a big Indian company and I came to US on L1-B. My visa is going to expire in the month of June 2012, same company started the conversion process from L1b to H1B. I have a valid i94 up to 2014. Now my questions are
1. if i submit my papers to H1-B conversion, how long it will take to get the H1 approval
2. If I get the H1-B approval on April month (after my L1-B expiration), am I supposed to travel India in the month of August ?
3. If I travel to India in the month of August, do I need to wait until the H1b start date (October) to return?
thank you very much
Kumar,
1. Regular processing 2-6 months, while premium processing will take 15 calendar days. In case RFE is issued, it would take longer.
2, 3. IMO, you can continue to stay in US as you have a valid I-94. There is no need to travel out of US while you wait for your H-1 to kick-in from Oct 1, 2012.
Hi Saurabh, This is regarding H4 stamping. My wife and kid are planning for vacation but I will not be joining them. I recently changed my status from L1 to H1. Now they need to go for stamping based on H4. My question is that what is the stamping fee they need to pay during the appointment. This is because, my new employer has over 50 employees in US and 50% of them are definitely in H1. Do they need to pay $2000 as an additional stamping fee for H4 stamping?
Prunid,
I don’t think H-4 interviewees need to pay any such fees. They only need to pay for the HDFC receipt and service charges which comes out to be around 8000.00 INR per applicant.
i like to apply for H1-B for the year 2013,however i am travelling to india in the month April on L1-B, can i apply H1-B from May onwards this year?
My spouse is india, once i get my H1-B pettion approved from L1-B to H1-B here , can i apply H-4 for my spouse who would be india without H1-B stamping in my passport?
wil my spouse get the H4 visa without my H1- b Stamping
Jack,
Yes, H-1 can be filed after you have returned to US in May. Your spouse can go for H-4 stamping and it is not mandatory for your H-1 to be stamped for this. Chances of approval will depend upon your profile, employer credentials and offered H-1 position.
Hi Saurab – My wife is on H1 B and i am on L1. My wife is planning to take a break for 3 months from her work. She is planning to resign. what are the options we have? Can she take a break without pay if her company allows for that? is it legal? Incase, if her company doenst allow for that, will she be moved to L2(My dependent) after she resigns. Do we need to do COS from H1B to L2?
Kumar,
If the employer allows then she can take a 3 month leave and then join them later. At times, companies use this tactic to avoid paying H-1 employee and is subject to USCIS questioning. So if you do this, its better to have responses and documents to show that the leave was genuine. The other option, like you said, is to file COS to from H-1 to L-2, and then later from L-2 to H-1.
Thanks Saurab. I hope you meant that USCIS question us at the time of applying GC or some other time when you reach them. Will it be a problem if we dont file COS from H1 to L2? When we move back to H1,we will not come under the cap right?
Kumar,
If you no longer get paid from the employer, then you either need to be on long leave or move to L-2. When going back to H-1, you will not be subject to cap and can file cap-exempt petition.
Thanks Saurabh. I have a question on stamping. My wife works for a small(6 people) company in H1 visa. I know, its tougher to get your visa stamping in India. In case if it gets rejected, can she come back to US on L2( I have L1) and do a COS to H1. Will H1 be still valid?
Kumar,
Yes that is possible.
Hi Saurabh,
I have a question on parents travel. My parents holds a visitor visa that was obtained through my brother’s petition when he was staying in US. He has now left to India. I am staying in a different location. Can I bring my parents to US based on their visa to a different location [My location]? If so, what are all the procedures? Do I need to provide all my documents??
Prunid,
Yes, they can use the same visa to travel to a different location. When entering US, they may be asked to show documents related to you (invitation letter, travel tickets etc) and they should also know your details (employer details, your residence etc).
Thank you, What is meant by invitation letter? Do I need to send any Notarized letters?
Thanks,
Prunid,
Not necessarily notarized. You can send an invitation letter on personal stationary addressed to PoE officer requesting them to allow your parents to enter US and spend time w/ you. You can mention your residence, your employment and agree to take care of their expenses in the letter.
Thank you very much Saurabh! Seems like there will not be any issues except if the PoE officer would ask them any questions related to my brother, as they have got the visa using his petition.
Thanks,
Hi Saurabh,
I am on L1B visa. I stayed in US from Dec 2007 to Feb 2009 and went back to India .Again I came to US in Dec 2009 and stayed in US till April 2010. I came to US in Aug 2010 with New stamping and still in US.My visa will expire in July 2013.
I knew the total stay in US for L1 is 6 years. Since I am out of US for almost 9 months between Feb 2009 to Dec 2009 ,and entered US in Dec 2009 will that be
considered as a fresh entry? i.e can I stay for 6 years again in US?
Kumar,
To reset the clock, one needs to stay out of US for at least 1 year. As none of your stay out of US was more than 1 year, your clock has not been reset.
Hi Saurabh,
Thankyou for the reply.Appreciate your quick response. So as per my visa validity I can stay in US till July 2013 only .
I was going to some of your responses to other people queries.what I understood from that is
Even if I apply for H1B visa this year , I will get the visa till july 2013.Right?
My first L1B visa I got in April 2007.But I came to US in Dec 2007.There is a 6 months period I have not Utilized.(say duration A = 6 months)
Feb 2009 to Dec 2009 again I was out of US (in India).Here is 9 Months I have not utilized.(say duration B = 9 months)
My question is
If I want to apply for H1B extension after July 2013, Am I eligible for 9 month extension (i.e duration B) or 15 months extension(i.e duration A+B) ?
Kumar,
Only the time spent in US is counted towards that 6 year period. So let’s say you have stayed in US on L-1 for 4 years by the time your H-1 gets approved. Then your H-1 will be approved for another 2 years either in single petition or over course of multiple petitions extended over years. Does that clarify?
hi Saurabh
Thanks for the valuable information.
I need information regarding my visa. Currently I am in US on L1 B visa. My visa expires in June 2012 and i have I94 till March 2014. But i need to visit India to take care of family issues. But if i leave after June 2012 i will not be able to enter again.
In this case, can you please help me with the following options
1. Trip to India in April 2012, so that i can get I94 atleast till June 2012.
2. Apply for L1B extension after coming back in April 2012
3. Can i apply for L1B to H1 conversion this year ? and when can i start this process ? please help me in this regards.
4. Kindly let me know if i have any other options
Thanks for your help
Regards
Pravin
Pravin,
If you want to continue working on L-1, then you can return prior to June 2012 and then apply for L-1 extension. If you want to work on H-1, then you can find an employer willing to sponsor your H-1 and then apply for COS. This needs to be done once you have decided you no longer need to make trips out of US until your COS gets approved.
Hi Saurabh,
Thanks for your inputs.
Regards
Pravin
Hi Saurabh
Just had a query regarding L1 extension. My L1 visa expires in Aug 2012. How soon can the L1 extension be filed and how much time does it take for the processing? Also, is it possible to track the status as in case of H1 visa? I would like to know since I can start the extension process as soon as possible.
Satish,
It can be applied at most 6 months in advance. Once it is applied, USCIS will issue a receipt number and send it to the employer. That number can be used to track it online (just like H-1).
Thanks Saurabh. And any clue about approximately how much time it takes for the processing?
Satish,
Processing time varies w/ center and the workload at the center. Typically it is 2 to 6 months.
thanks !!
This is a nice forum; I don’t have much idea about this, but will really appreciate if I get my answers.
I am in L1B, and its expires on Nov 2013
But my assignment is getting over by JULY 2012. I want to be in US for some more time, for that I am looking for a change. I know I can’t switch to another company being in L1B, so another company needs to claim H1 for me. I came to know this process start at April and ends by October.
There is something called as premium, which will processed in 15 days
I want to understand few things, if I do such do I need to be present in US till October even if it is premium.
I was reading this forum and found few terms, what is COS.
In case of premium status can be determined in 15 days so if success that means I can switch the company? Or I need to wait till October.
Why I need to be in US till October, can’t I go for a vacation?
Raju,
I came to know this process start at April and ends by October.
>> Not true. It starts in April but continues as long as quota is open. Last year, it got over on Nov 22.
There is something called as premium, which will processed in 15 days
I want to understand few things, if I do such do I need to be present in US till October even if it is premium.
I was reading this forum and found few terms, what is COS.
>> Yes, you need to remain in US in order to be on H-1 from Oct 1. For COS, read this article.
In case of premium status can be determined in 15 days so if success that means I can switch the company? Or I need to wait till October.
>> You still need to wait for Oct to join the new employer
Why I need to be in US till October, can’t I go for a vacation?
>> For COS to become effective. If you leave US, your COS would be abandoned, and your status would continue to remain L-1. COS is driven off I-94, which will get closed once you leave US.
Hi Saurabh,
Currently I am on L1B and looking for filing H1B in April 2012. My Visa & I 94 are valid till March 2013.
1) After H1B approval can I still work on L1 and not switch to H1′
2) After H1B Approval (Oct 2012) if I choose not to switch to H1 and I leave US, can I still come back on L1 or will my L1 expire after H1 approval(Oct2012)
3) I am working with my current employer for the last 6 years and am thinking of applying for GC. I have 3 years Bachelors + 2 years Masters. Am I eligible for EB2?
Thanks,
Evony
Evony,
1. Only if H-1 is approved w/o COS
2. Yes, as long as your L-1 employment is still valid. Your L-1 will not expire but your status may change to H-1 (if approved w/ COS) or remain on L-1 (if COS not filed or approved)
3. It will depend upon the job requirements of the sponsoring employer. Besides, the years of experience gained at the GC sponsoring employer doesn’t count towards counting the eligibility.
Saurabh,
First of all, thanks for all your invauable suggestions.
I am in L1B VISA with Employer A and it is getting expired on Nov-2012. Employer B is filing my premium H1B in April 2012. So I am expected to get the results within 15 days. Now here is my questions
1. When the COS should be applied. right after the H1B approval or it need be applied within some specified timeframe after the approval.?
2. Is there any premium processing of COS also?
3. Otherwise if normal COS is applied what is the typical response time?
Could you please advise.
Regards
Subrata
Kabita,
1. COS can be applied along w/ the original petition, or after the petition has been approved. When applied separately, it cannot be applied w/ PP (it will be processed w/ PP when applied along w/ H-1 petition). In either case it cannot become effective prior to Oct 1, 2012.
2. Refer to (1)
3. Normal processing can take 2-3 months.
Hi Saurabh
Currently I am working on L2 visa. L2 visa and I94 expiring on Aug 2012. My employer would be filing for L2 extension. I understand that I can stay for 240 days beyond the I94 date, pending L2 extension approval. My question is, in the worst case scenario if my extension is denied then what are the options open for me?
Looking forward for your assistance.
Thanks
Satish
Satish,
If your I-94 is still valid at the time of denial, then you can apply for COS to another applicable visa status (like B-1/2 or F-1). If your I-94 has expired, then COS is not an option. You will have to leave US ASAP.
Thanks Saurabh for your prompt reply. Just wondering if instead of L1 extension, my employer files for H1B then what would be the scenario. New H1 would start only from october 2012 and my L1 is valid only till Aug 2012. So, can I stay back in US during the one month period of sep 2012 or would it be illegal? Quite confused considering the fact that there are more L1 rejections. What would be your suggestion in my case? L1 extension or change of status to H1B?
Satish,
Even in this case there will be a gap b/w your L-1 I-94 expiration date and H-1 I-94 start date. What you can do is file for L-1 extension and also COS to H-1. Pending L-1 extension would allow you to stay in US beyond I-94 expiration date. Once Oct 1 arrives and assuming your H-1 has been approved w/ COS, you can start working on H-1 and ask L-1 employer to withdraw L-1 petition (if this doesn’t happen and it gets approved then your status will change back to L-1).
Thanks Saurabh for your help !!
Hi Saurabh,
My wife is pregnant and due in 1 month, possibly my onsite assignment will be getting over by April. My wife cannot travel by air now or until May since we wont have the passport for our baby until he/she is 3 months old.
Please advise how should we handle this?
Raj,
You have couple of options:
– Request your employer to extend your onsite assignment so that you can take care of the kid here until the child is big enough to travel abroad
– File COS to another visa status like B-1/2 and submit your current scenario as the reason for COS.
Hello,
Please let me know whether Birth certificate is mandatory for Green card processing.
Regards
BAS,
Yes Birth Certificate is required, but if it is not available then there are other options available.
Could you please let me know what can be the other option?
Regards
BAS,
You can submit sworn affidavit from either of your parents (or close relative in case parents are dead) along w/ No record or Non availability of the BC from the concerned government authority of your place of birth. There is no set format for the affidavit.
Currently i am working at company A on L1A visa which is expiring in July 2013.
There is company B who is willing to sponsor my H1B in April 2012 on premium processing for me to start in October. The questions i have are:
I am thinking of moving back to India in May or June & join company B in October 2012. If i do so, i will not have salary for few months & does not impacts me joining company B? Or any other complication since I will not be drawiing salary for few months & not in the US?
Also since i was holding L1A in the past & if i move on H1 still can company B file GC on EB1 category?
Karishma,
Refer to my reply to your other post.
Hello Saurabh,
Recently I have been working on L1A, prior to that L1B and prior to that H1B ( gap between h1B and L1B is 8 months, from h1B first 3 years petition I used only 8 months is US , when went back to India , company asked me apply for L1B ) , I complete my almost 6.6 yrs ( 8 months of H1B + 3 yrs of L1B + remaining L1A) of till this month ( Feb 2012) . I have applied for my I 94 extension until Aug 2012.
1> Should I eligible to apply for H1 this year. But as I understand with this I can only work from Oct 2012.
2> I’m on L1A but my employer does Not file GC , is there any option which will help me to legally allow me to stay in US .
Please guide
Sid,
1. You have already reached your 6 year max for H-1 and L-1 unless you were out of US for more than 1 year b/w your H-1 and L-1. If you are not eligible for any more H-1, then you have to leave US at the end of your L-1A term.
2. As you have reached 6 year limit, you don’t have much options. You can stay out of US for 1 year, and then enter US on H-1 or L-1.
I was in US until last year on L1 for then (and current) employer A and my H1 was filed by my future employer B. The H1 was applied as CoS but later I had to leave US. Currently I am in my home country and came to know that my H1 is now approved. Now, my future employer B is telling that since H1 was applied as CoS this may lead to trouble for Consular processing i.e. Visa Interview. Can you please suggest what will be the affect, if any ? Do I need any special process or documentation in this circumstance ?
Himanshu,
The fact that your petition was applied w/ COS will not impact the outcome of your stamping as long as you maintained legal status while in US. Besides carrying the regular list of H-1 documents, you should also carry copy of recent L-1 payslips and W2s to show that you did maintain legal status until you were in US on L-1.
When you leave US but your COS is still in process, your COS will be considered abandoned. These are your options :
1. Your COS will be considered abandoned but as your H1 was approved, you need to file another COS when you enter US under L1.
2. You can go to the US consulate in for visa stamping carrying all the required documents.
3. Consult your lawyer.
Hi Saurabh,
I am in the US for company A under L1. I have applied to a different company and we submitted a COS to H1B. The USCIS has responded back with a RFE for my pay stub for Company A.
My problems are :
1. The company name stated in the L1 docs is different from the paystub
Eg.
from L1 visa (USA)
Company A Systems, Inc.
from payroll stub (Home Country)
Company A Systems Intl., Inc.
2. I am receiving my compensation in my home country so the payment is in Local currency. But when I travel, Company A pays for all my expenses(eg. car/ accomodations/ allowances/ per diem)
3. The compensation I received is not same as stated in the L1 docs as Company A pays for all my expenses when I am in the US but if you take those expenses and allowances into the account. It equals the compensation stated in the L1 documents.
How do you think the USCIS responds to my reply to the RFE?
Thank you.
Marvin,
This is a way companies try to game the system by not paying in US but in the home country. I don’t think USCIS will like the arrangement.
1. This should be trivial and your H-1 attorney can try explain the difference to USCIS
2, 3. IMO, this is incorrect. Once you have been transfered to the US office as per L-1, you should have been getting paid through US office in USD
Explain your situation to the attorney, and then see if they can come up w/ some reasonable explanation that can be submitted to USCIS. It will be up to the case officer whether to buy this sort of arrangement or not.
Thanks Saurabh,
How do the type of L1(L1 Blanket and L1 Individual) affect the application?
Is there a difference?
Blankets are filed are filed for number of employees together, and then employer keeps adding more employees to that approval. Individual is filed specifically for a particular employee, and if there is another employee who needs L-1, then employer needs to file another individual petition. Usually individual L-1s have higher chances of success as compared to blanket L-1.
After thorough research and consultation with the lawyer, I am sharing what I have learned for all others :
1. Under immigration rules, getting paid in home country and not getting paid in the US is perfectly legal. As the L1 is only temporary, it is acceptable that the employee can be paid in home country so the benefits(eg. retirement, years of stay) won’t be affected. It is an employer-employee agreement and as long as that agreement is not breached, US labor will not interfere.
2. They may not conform with labor laws or tax laws but fine under immigration(USCIS) laws.
3. The employee must still report to the IRS why the filed tax is $0. There is a law that an employee will not be tax twice for the earnings from the home country and US. The requirement is only to declare the reason to the IRS.
The forum is good for sharing but it is always the best to consult a lawyer and not make your life difficult of thinking the consequences.
My husband is on a L1 A Visa which is expiring on March 16 2012. His company applied for his visa extension in November but received an RFE in December. A response is yet to be sent for the RFE. My husband’s I94 also expires around March 16. Here are my questions:
– If the response to the RFE does not reach in time and my husband’s visa is not extended before March 16, can he continue to work with his company in the US?
– If the above is not true, since I am a H1 B visa holder, does his status automatically change to H4, and can he remain in the US until his visa extension is approved?
Shree,
1. Yes, he can based on pending extension. In case the extension is denied, he will have to leave US ASAP (if his I-94 has expired) or move to another valid status like H-4 (if his I-94 has not expired)
2. There is no automatic conversion. In case his extension is denied and his I-94 is valid, he will have to file for COS to H-4 to go to that visa status. The other option (valid irrespective of I-94 has expired or not) is to go out of US and enter on stamped H-4 visa.
Thanks Saurabh for your prompt response. Very much appreciated.
I needed a few clarifications. What is the permitted time frame for an applicant to remain in the US in case of a pending L1 extension? If my husband’s I-94 expires before he receives a notification from USCIS on his visa status, can he still continue to remain in the US?
When should be apply for a COS to H-4 status? Can it be done as his L-1 extension is being processed? Or should he wait until he gets a rejection?
Shree,
He can stay in US for 240 days beyond I-94 expiration date as long as the extension is pending, and it was filed before I-94 expiration date.
H-4 COS can be done while L-1 extension is pending; however I-94 needs to be valid at the time of filing. Once I-94 expires, COS can be applied only after L-1 has been extended.
Thanks again, Saurabh. I have a few more questions. Hopefully these should clear all our doubts.
Since you say that a person can stay on in the US up to 240 days beyond his/her I-94 and L1 visa expiry dates, do you think it makes sense in our case to apply for a H-4 COS before we receive a decision on the L-1 extension?
If we file for a H-4 COS while the L-1 extension is under process, and the H-4 COS gets approved, does my husband lose his L-1 visa status in case it gets approved at a later time?
Shree,
If H-4 COS is applied before L-1 extension, then it would start a race scenario. The status will be determined by the petition that gets approved later. So if H-4 gets approved after L-1 extension, then status will become L-1 and vice-versa. If the goal is to remain on L-1, then H-4 COS should be withdrawn soon after L-1 has been extended. If H-4 COS is not withdrawn, then he will have to file COS from H-4 to L-1 to go back to L-1 status.
Also, off late I have seen couple of RFEs where USCIS asked for proof of L-1 extension before adjudicating H-1 COS (they had filed H-1 COS). IMO, those should not be raised as long COS is filed prior to I-94 expiration date and I am not sure if it was done so in these cases. You will have to check w/ an attorney about the risk of such RFE being issued in your case.
Hello Saurabh,
I am currently in L1B visa (4 and 4 months in U.S completed) and my I-94 expiring by July 2012. I am willing to move to H1 Visa, but below are the doubts i have
1) I understand even if i apply and get approved H1, it will be effective only in Oct 2012, so with my I-94 expiring by July 2012, what are my options?
2) My company is willing to move me to L1 A – which they will be filing by Mar – so assuming that they file and i get a RFE on L1 A – what are my options to stay in U.S till OCt 12? –
3) if they are filing for L1 A on Mar and if i am filing for H1 B on Apr – will it have a conflict or any problem? assuming if i am getting an RFE on any of these?
4) what is the cost of filing for H1B and if i file in April, when i will get to know whether my H1 is approved or not? should i wait till Oct… Please clarify
Please let me know your thoughts…thanks in advance
1. I am not 100% clear about this. As the new I-94 will start from Oct 2012, there will be a break in continuity, which means L-1 extension needs to be filed. You will have to check w/ a lawyer.
2. If the L-1A is filed and it’s still under process (RFE or no RFE), you can continue to stay in US beyond July 2012. This is b/c requested start date of L-1A will not be subject by Oct 2012, and so there will be a continuity of I-94
3. Yes, there will be a conflict and your final status will be determined by which petition gets approved later.
4. It will cost b/w 2K-4K depending upon your employer size and number of H-1/L-1employees. Regular processing takes around 2-6 months, while premium processing would take 15 calendar day. If RFE is issued, then it can take longer.
You should also consult a lawyer about this situation.
Hi Saurabh, I am on H1 for the past 4 years and my GC had been filed by my company through EB3 process (done with labor and I140, priority date – Jan 2010). As you know that Eb2 process is moving faster. I would like to upgrade mine to EB2 (since I am having B.E + 7 years of exp). My current company haven’t accepted for that. Can i switch jobs and still use my current priority date? I am not given any approval copy of my labor or i140 by my company?
Cartic,
I know PD can be ported when one has a copy of the approved I-140. However, I am not sure if it can be ported w/o copy of I-140.
Saurabh,
Here is my case. I am on L1B and it it getting expired on 01-Nov-2012. I have some family related dependency and that is again dependent on this L1 approval/rejection. My L1A employer is filing a extension after 01-May-2012 (6 months prior to actual expiration) and this will be PREMIUM processing. I heard that for PREMIUM extension, the response comes within 10 working days.
1. If I get an RFE and submit the evidences within a week, what would be the response time from USCIS to evaluate the RFE documents. Is it again 10 working days, ot it might take longer time?
2. If I start H1-B processing from another company in April-2012, then what is the average time taken to get the approval. Again, if this is PREMIUM processing how much time it should take.
Thanks in advance.
Subrata Dutta,
PP cases are adjudicated within 15 calendar days and not 10 working days.
1. Once USCIS receive the RFE response, they would again adjudicate it within 15 calendar days
2. PP would take 15 calendar days, while regular processing can take 2-6 months.
Hi Saurabh,
I recieved and RFE on my H1-B today. I’m currently in US on L1-B visa.which has been expired on Sept-2011 and i am currently staying because my I-94 has got extended dates.
1). Should I go Back to India?
2). Can i respond to USCIS abt RFE explanations from India and my application will still be valid if I return back to india?
Sai
1. Are you on L-1 blanket visa? If yes, then you can stay and work until your I-94 expiration date. You should leave US once your I-94 expires and H-1 doesn’t get approved w/ COS
2. In case you have to leave US, the employer can still respond to it. H-1 would continue to be processed, but COS (if applied) would be abandoned once you leave US.
Hi Saurabh,
I have a different problem..
I got H1B approved. This was applied through a consultancy.
Last week I resigned from my L1( Since I was supposed to go back to India on 31 jan) but still I’m looking for job. He says he is marketing my resume but till now there were no interview calls. Now for almost 1 week I’m without job and I’m not sure what to do. I have posted my resume in most of the job sites.. i get calls but most of them expect me to work on their W2 or transfer H1
Please let me know the options I have.. Is there any issue if I do not get job by next week?.
Thanks
Santhosh
Santosh,
First of all you have a job – it’s w/ the company that has filed your H-1. It doesn’t matter whether it’s a consultancy or a big firm like GOOG – as long as they have filed your H-1 they are your employer and they need to pay you. Legally, one needs to get paid all the time while on H-1. If your employer is not paying you b/c you are not a billable asset at the moment, then that can hamper your immigration status in the short and long runs.
Based on when your H-1 became effective, you may be eligible for H-1 transfer. Talk to your employer about getting paid regularly, else move to another employer where you will be able to maintain legal status (again for transfer payslips may be required depending upon when your H-1 COS became effective).
Thanks Saurabh.
Can I go for H1-transfer to another company without my current company’s(H1) paystubs?.
I do get fulltime and W2 calls but when I say C2C they just say ‘NO’. I’m not sure how long I should be quite.
Santosh,
Do you know the exact date on which your COS became effective?
Saurabh,
As per the case update the Starting Validity Date is 01/18/12
My last working day for my L1 company was Feb 3
Thanks
Srikanth
Srikanth,
As your H-1 started from 01/18, if you go for H-1 transfer now, you might be asked for payslips from that date onwards. As you are not getting paid at the moment, this can be an issue. Besides, if you find any employer now, they will have to file LCA and then submit the petition to USCIS, which can take another 10-15 days.
Saurabh, What do you suggest?. Should I look for another company or stay on for somemore time ?.
Santosh,
I would suggest start getting paid immediately through the H-1 employer, and continue your search for a better employer. Once you find the employer, you can discuss your case w/ their attorney. The most important thing right now is to start getting paid.
Hi Saurabh,
I’m on L1A but my employer does Not file GC. Can you please help me with the following:
1. Is there any option of how I can use the premium GC processing for being an L1A . Have it filed by another agency or finance it myself…although not sure if the employer will agree to it?
2. Will it be a good decision to have H1B & GC filed by another employer because I will loose the premium advantage of L1A?
3. While I’m on L1A Can another employer file for my second L1A? or there can be only One L1A at One time? As in the first ques I’m tryin to see how I can take advantg of L1A premium category for GC.
4. If a second employr agrees for filing my H1B – Do they have to Wait until Oct 2012 for me to join them? Or is there any way to join earlier. As I’m not sure how many can wait that long (6-7 mnths)Thanks in advance for your help and Many Best Wishes
Shalu Chaudhury
1. Employment based GC can be filed by an employer only. When on L-1A, its usually the current employer. Another employer can file for you, but then what will be their vested interest if you are not working for them?
2. If your current employer cannot file GC for you, the next best option is GC through H-1 employer. If you qualify for EB-2, then it may not be that bad (current priority date is May 2010 as per March bulletin).
3. To qualify for L-1, you should have worked for that employer for at least 1 year outside of US in the past 3 years.
4. Yes, H-1 cannot start prior to Oct 1, 2012 unless you have held H-1 visa in the past.
Currently i am in L1B visa, my i94 expires in March 2012 but visa is valid till June 30 2012.
I am planning to go for i94 extension next month with L1B
I will also go for H1b in april when quota opens
My question is if I get RFE for l1b extension but approval for H1B, then what are the possible solutions when I did’t respond to RFE
can I travel back to India for fresh h1b stamping, in this case I cant start work in h1b before october, can i travel back to USA with my L1B visa (since visa is valid till June) though I get RFE on extension?
Is there any way if I could continue to work inUS (with or without traveling to home country for stamping) with H1b (like L1 to H1 transfer)
Please advise
Raj,
H-1 cannot start until Oct 1, 2012. In addition, COS will be approved only if you had an unexpired I-94 at the time of H-1 filing. As your I-94 is expiring prior to April 1 (which is the earliest H-1 filing date), your COS will be dependent on L-1 extension. In other words, if L-1 hits RFE then H-1 will also be put under RFE (unless it’s applied w/o COS).
You can continue to work on L-1 extension as long as it is still pending. You can do this for 240 days from the I-94 expiration date or actual denial date, whichever is earlier. In case it gets denied then you will have leave US as your H-1 wouldn’t have been approved w/ COS.
Thanks Saurabh,
Looks like I may go out of us and enter US with vaild i94 (either till 2014 or till June 30 ie my L1B visa end date) before my current i94 expiration date.
If I have valid i94, can i go for h1b transfer after april when quota opens. In this case i dont need to travel to india for stamping right? my visa status can be transfered even after expiry of L1B visa mentioned in PP since i94 is valid.
Thanks!!!1
Raj,
If you file for H-1 w/ COS, and the same gets approved then you can start working on H-1 from the COS approval date. No stamping is required as long as you are in US. However, this is possible only if you have valid I-94 at the time of filing.
Hi Saurabh,
Once when we complete 5 Years in US on L1, Immediately can we apply for H1-B or do we need to wait another 1 year to apply ?
Please advise.
Bhavya,
If you want to continue to stay and work in US, then H-1 needs to start soon after you complete the 5th year on L-1B. Else you have to leave US, and then continue to process it while being out of US.
Hi,
My company has applied H1 visa for 2011 and approval is due. I am presently on L1 with same company. L1 is getting exipred soon after completing 5 years. I want to know that once I get my H1 approval, can I right away trasfer it to some other company or I need to wait till 3 pay slips get generated on H1?
Natie,
Soon after the approval, another employer can file cap-exempt petition for you. 3 payslips will still be required, but they don’t have to be necessarily from H-1 employer. What USCIS wants is 3 most recent payslips. So if you apply for transfer the very next day, then that would mean 3 payslips from L-1 employer. If you apply for transfer after 1 month, then it’s 2 from L-1 and 1 from H-1.
Does that clarify?
Thanks Saurabh! I appreciate your response. This helps.
I have few below questions.
1) Is it risky to shift job to quickly. Meaning transfer H1 within few days of approval.
2) How long I can stay on H1, considering I have spent 4yrs & 8mths on L1.
What should be my next steps if want to stay & work in US. When should I act.
Natie
Natie,
1. It is ok as long as you are maintaining legal status and the new employer/job is H-1 eligible.
2. You can stay for another 1 year and 4 months on H-1. The maximum time one can spend on H-1 and L-1 (together) is 6 years. Only the time spent in US is counted. To file for 7th year extension, either your I-140 should have been approved or PERM or I-140 should have been pending for at least 365 days.
Thanks Saurabh!
My I-94 is expiring on 31st March 12 completing 5 yrs on L1. As H1 is not yet approved, can I stay in USA after 31st March without having H1 approval. Or I need to leave country?
Other question is if I get RFE before 31st March, can I stay in that case by answering the RFE.
-Natie
Natie,
My understanding is that one needs to maintain prior status unless the COS is approved. So in your case, you need to maintain L-1 status until COS gets approved, which means you cannot stay beyond Mar 31 unless L-1 extension is filed. The other school of thought is that you can stay beyond Mar 31 based on pending COS. However, you will have to stop working. This holds true even when your H-1 hits RFE.
It may be a good idea to upgrade it to PP to get a result by that date. Also, check w/ your H-1 attorney about it.
Hi,
I recently changed my L1 Visa (company A) to H1 Visa (company B) via COS. I resigned company A and joined company B the day H1 status became effective.
I have been asked by my former employer to submit my passport/Visa so that they could request for revoking the L1 status. I have not told them of my current employment yet and intend to keep it so. My concern is, when my former employer applies for revoking my L1 status will it impact the validity of my current H1 status in any way? As well as, is there anyway for my former employer to find out about my current employment when they do apply for revoking my L-1 status?
Any help in this regard is greatly appreciated.
SG,
Some employers ask for passport to cancel the L-1 visa as part of their exit process. I don’t think they will come to know about your H-1 employment, but I am not sure how safe it is to submit your passport to your old employer while you are still in US. Talk to your new employer’s attorney about it. BTW, what will happen if you decide not to respond to your old employer’s request for the passport?
Hi Saurabh,
Thanks for your input. I will not be submitting my passport as such since I am still in US. But a scanned copy of the first/last/Visa page should do for now. I can’t ignore this request as I still need my relieving letter, experience letter, etc. from my former employer. And for them to process those letters it is required to revoke my L1 status.
I just want to make sure that none of this will impact my H1 status in any way.
SG,
No, it will not impact your H-1 status.
Thanks Saurabh, I really appreciate all your input in this matter.
Hi Saurabh,
I amd Currently on L1 B Visa. My H1 B was filed by my employer on Sep-2011 at Vermount Center. the application was under Initial Review State since 5 months. i Have applied for Premium processing on 01/24/2012 and the application status has moved to “Acceptance” now.
Please Advice:
1 How long will it take for Application status to complete?
2 Can I travel to India before H1B is approved? Am I Eligible to come back without getting my H1 Application invalid?
I am currently in USA on L1 B Visa and My I-94 is still valid.
Sai
Sai,
1. 15 calendar days. If it is not processed within 15 calendar days, then your employer/attorney should contact USCIS and follow-up
2. If you travel then your COS will be abandoned. You will have to return on L-1 and then file for COS to H-1, or you will have to get H-1 visa stamped from a consulate and then travel to US
Hi Saurabh,
My L1 Visa has been expired already on Sept-2011, but My I-94 is still valid,
If I travel then I-94 will be no more valid.
please Advice if the H1-B application will also be considered invalid in that case? Can I return back to US
Sai
Sai,
Then to return you will need to go for L-1 visa stamping or H-1 visa stamping. For the latter you will have to wait for the petition to get approved. If your petition gets denied, then L-1 would be the only option for you. I-94 will need to be submitted as you depart from US. Your application will continue to process while you leave US, but your COS would be abandoned.
Your 15 calendar window is about to be reached. So you may see your petition getting approved/RFEed pretty soon.
Hi Saurabh,
But My H1 visa is still not approved, hence I cannot get stamped untill it is approved.
Will my Application be still Valid or I’ll have to refile for H1?
Sai
Hi,
I have recently changed from L1 to H1 in Oct 2011 and my wife has got her H4 stamped. Currently i am planning to apply for GC and at the same time planning to get my wife’s visa changed to H1. Hence, please advice how to proceed and please let me know what are the challenges involved.
Regards,
Shekhar
Challenges are:
– your work profile
– offered position
– employer credentials
– employer employee relationship (for H-1 if going through consulting company)
– etc
Hello Saurabh,
I have been working as a L1B converted to L1A, I complete my 6 years in the month of Aug this year. I have my I 94 extened until Aug 2013.
Another company is willing to process my H1 this year. But as I understand with this I can only work from Oct 2012. I want to ask will help if the new employer applies for my green card before October 2012. If so will I able to work with the H1
from Oct 2012. In what stage the green card application be ? I 140 complete, I 485 applied? When should the new employer apply for COS.
For 7th year extension, one needs to have a PERM application that has been pending for more than 365 days, or I-140 application that has been pending for 365 days or has an approved I-140 application.
Based on the dates you have provided, I don’t think that’s possible. It is best to consult an immigration lawyer and employer ASAP about it.
Thanks a lot for quick response saurabh.
I just want to know what is the difference between visa and i94 extension.
Thanks again.
Visa is what’s there in your passport and is used when one has to enter US. I-94 is the white card you were issued at the PoE and controls how long you can stay in US. Petition is the 797 document your spouse has, which controls how long he can work in US.
As I-94 and petition are about to expire, one has to file for their extension to allow them to stay and work in US. When visa has expired, and one is traveling out of US then the person needs to go for visa stamping in order to return to US. At the time of visa stamping one needs to have a valid unexpired petition (no I-94 required as it will be re-issued when the person returns to US).
Does that clarify?
My husband visa and i94 has been expired so my husband’s company has filed for extension.So he will be getting his i94 after extension is approved. I am l2 Dependent and my visa also got expired and i have i 94 till 2013.
My doubt is:
1.Due to personal emergencies i am going to India and planning to come back by march.In that case i don have l2 visa as it is expired.Can i reapply the l2 visa from India for coming back.Can these be done even though my husband will be having i94 and no visa.
please throw your thoughts on this.Thanks in advance.
You can go for L-2 visa stamping in India, and would need your husband’s approved petition (not the visa stamp but petition) for successful stamping. Additional documents required include W2, I-94, employment documents etc.