I have seen many of my friends, who come to US on L1 visa from a major Indian IT consulting company like Infosys, Wipro, Cognizant, TCS, etc and convert to H1B visa after one year or even less. I will try to explain some of the advantages of this process.
Job Market myth in US :
One of the biggest myths when you are applying for H1B visa petition is, you do not know how the job market is in US and How everything works down here in US. People are kind of skeptical about the situation here. I completely agree with perception of situation. Many of the big IT vendors like CTS, TCS or Infy, etc have implementations in US and they bring in their employees to work on site in US. IT people work very hard in India to get an onsite chance including countless sleepless nights and late night conference calls. The bad part is, L1 visa working employees realize after coming to US, that they are not well compensated when compared to their counterparts working on H1B visa in US. Guess what, once they get grounded well around here in US, they plan on L1 to H1B conversion. The process of L1 to H1B transfer is not very complicated.
Advantages of L1 to H1B transfer & implications :
There are many advantages of L1 to H1B visa transfer like below
- Job Market in US Study : The biggest advantage is, if you are already in US, you have a fairly good understanding of how the job market is performing in US. You can talk to people, talk to vendors, talk to friends, talk to recruiters, etc and figure out the job situation for your particular area. You may also check the article for job market study :US recession impact on H1B visa filing for 2011 quota? How is Job Market in US in 2010 – 2011 ?
- Playing Safe : You are playing it very safe, there is no risk involved. Worst case scenario, you can still stay in US on L1 visa if you realize the Job market is not improving.
- Seek Full time Employment with Clients : Your opportunities are not limited to just IT consulting companies. You can start looking full time opportunities with a Client company. Might not be the client company you serve on L1, other similar Clients or American companies who need people with your skills. Your opportunities are in fact, endless.
- L1 to H1B change of Status : Change of status is very simple from L1 to H1B visa. The transfer process is seamless. You can transfer your status from L1 to H1B visa and start working as soon as your H1B starts in October. You do not need to go to visa stamping, unless you plan to leave the country for some reason and re-enter US.
- Choosing Good IT consulting company : You can talk to real companies and verify their authenticity. It is easy to find companies information in US, than in India. Your network is much broader. You have good chance of connecting with people in a company and you can make a wise choice for choosing a consulting company if you have to. For more info, check article : How to Choose your H1B sponsor employer
- Job search, first consulting project time save : You are not wasting any time for job search. The idea is, you keep working on L1 visa and then look for a Job and then take up an opportunity only when you find a good project, at least the first project. You have an option to choose the project. No time is wasted for break through. Typically, first consulting job is the harder part. Good things is, you do not have to waste time for the first job.
- Help for projects : The other added advantage is, let’s say you start a project and you need some technical help or need to discuss some things about anything, you have a chosen set of old company friends who can help you to solve the issues.
I can keep on writing… the above listed seem very logical and definitely gives you an advantages. Your strategy for applying for H1B visa should be a safe bet with the current economy and recession. If you come to US on L1 visa and then transfer from L1 to H1B, you are playing a safer bet. On the other hand, you may have lot of work load and other commitments on L1 visa because you may be the only person on site, but “there is no free lunch, you may have to work double shift to hedge the risk…”
Do you know any other advantages ? Add a comment…
Hi Saurabh,
I am in US and having L1-B visa with company A and this visa is valid till Nov-2012. Company A is filing H1B along with COS application for me. This is normal procesing so the result is expected during July/August 2012. Meanwhile Company B is also interested to file H1B for me in PREMIUM. Company B assured me that if the H1 gets approved they will immediately file labor certification. My questions are
1. Since I am working on current project for last 2 years from company A and this project is expected to continue for next 3 years, is it expected to get the H1B approved for 3 years if company A files my H1B.
2. On the other hand the company B will not have such long term project and as a consequence will it affect the visa approval limit?
3. If company B files my H1B in premium and and it gets approved in June-2012, still I can,t join them till 1st Oct, 2012. If Company B files my COS from L1-H1 will it conflict the COS filed by Company A?
4. As I will be officially joining Company B on 1st Oct, 2012, can they really apply for my labor certificate once my visa is approved on June-2012 (date is hypothetical.). They will not be my employer in June-2012.
5. If I decide to continue with Company A after 1st Oct, 2012, is it OK as both the companies is filing COS for me?
Please share your invaluable suggestions as I really rely on you.
Regards
SD
SD,
1. It will depend upon the submitted documents and how USCIS reviews them
2. Same as (1)
3. No it won’t. You may end up w/ two H-1s both approved w/ COS. In Oct, you can decide to join either of the two employers
4. It is not required to be working for the employer at the time of GC filing, although it is recommended that one works for the employer for 6-12 months before the GC is filed. Lot of companies work on this policy
5. Yes, you can decide to work for either of them
Hi Saurabh,
Thanks a ton for clarifying all the points.
1. As per you answer on the 4th point, if Company B files the labor certificate once my H1 with COS is aproved on June/July, will it affect my L1 status with Company A at that time. I mean to say is it legal to do the same?
2. Also say if the H1 with COS gets approved from Company A, can I transfer the H1 from Company A to Company B after october-2012 itself or I need to work for Company A for a specific time (say 2 or 3 months).
3. In this case If company A get to know that I am transferring my H1B to some other company is it possible for them to withdraw that approved H1B petition?
4. Generally company keeps the original approved petion with them, so if I need to transfer the H1B after oct-2012 with some other company will the receipt number only work for the transfer, or I need at least a copy of approved petition.
Regards
SD
SD,
1. Filing PERM doesn’t impact your L-1 status
2. You need to be working on H-1 Oct 1 onwards, either w/ A or w/ B after filing H-1 transfer. So if it is filed on Oct 1, then no need to work for A, but if filed on Nov 1 then you need to have been working for A for month
3. No
4. It’s better to have copy of approved petition, but it can work w/ the receipt number as well
Saurabh,
Thanks again for all your valuable inputs.
Since my company is applying H1B in PREMIUM with COS, hopefully I will get it approved (thinking positively. :-)) by May 2012 end. Again my L1 is valid till Nov-2012. So if we plan to visit India during this June-July 2012, do we need to do stamping in India.
As per my understanding my H1 status will be valid after 1st Oct 2012, so I don’t need to do stamping for H1 in India during June-July 2012 visit. Could you please confirm this.
Regards
SD
SD,
No stamping is required. You can return on L-1 visa and still be on H-1 from Oct 1 based on your H-1 COS approval notice.
Saurabh,
Thanks again for the confirmation. As I stated earlier two companies are filing my H1. The other company is filing in normal processing so that approval/response might not come during June-July 2012.
In that case, it looks like leaving US will not be a good option for us.
Could you please confirm/comment on this.
Note : I am really amazed by the way you deal each and every question of every indivisual. Kudos to you !!!!!!
Regards
SD
SD,
In this case one petition would have been approved w/ COS before you leave US, while the other one would still be pending. So that COS would be abandoned if you leave US while its pending. If you want that COS to be approved, then you should not leave US. Check w/ an attorney if you can still leave w/ one COS approved and return and be on petition of the employer whose COS got abandoned.
Hi Saurabh,
Thanks again for your suggestions. I will check with my company attorney for this.
One quick question, is it really true that PREMIUM H1 petitions are more likely to get approved rather than the REGULAR H1 petitions? Please shed some lights on it.
Regards
SD
SD,
IMO, they have same chance of approval as regular petition.
My L1B visa is expiring on 26-May. Can my current employer (who got me L1B) file COS for me to convert my L1B to H1B VISA? And if can, will it be possible for me to continue working in US after 26-May or do I have to return to India until H1B gets approved?
Sandeep,
Yes, they can file H-1 for you if they have a corresponding opening for you. The H-1 won’t start until Oct 1, and so if L-1 extension is not filed you cannot stay beyond May 26th. When is I-94 expiring?
Thanks for your prompt response Saurabh. My I-94 is expiring on 26-May-2012. So, I’ll have to exit US by 26-May-2012 even though current employer files COS for L1B-to-H1B, right?
Sandip,
That is correct. You can stay back only if employer decides to file L-1 extension.
Hi Saurabh,
My L1 visa expires in Dec’11 but I 94 expires in 2013 end. 1)Can I apply from L1 – H1 conversion based on I 94 ? 2) did I need to go back to India for H1 visa conversion?
Thanks for your help.
Rosy,
1. Yes
2. Not required if H-1 gets approved w/ COS. Once this happens, you can start working on H-1 from COS approval date (typically Oct 1 or later).
Hi Saurabh,
I am in L1b BLanket Visa and VISA expires onAug 1st 2012. My employer is applying L1B extension. My Family is in India for Vacation. They are planning to come back to USA by JUN 20 2012.
My question is:
Can my family(L2) travel from INDIA to USA any time before L2 VISA expires? (or is there any specific time period like they should enter USA atleast a month before L2 visa expires)
Thanks in advance.
MI,
They can enter US on the stamped visa even if it is valid for just 1 more month. They may be asked at PoE about it, and they can let the officer know about pending L-1 extension. Once they land in US, their extension also needs to be filed based upon the duration of I-94. You can also discuss w/ your attorney on what needs to be taken of at PoE, and how to time their extension filing.
Hello Saurabh,
I’m in US working for an MNC on L1 visa. Its been less then a month I’ve joined here and now I came to know that ‘m fired due to cost cutting measure and my last day with the company would be 30th-Apr. My husband is also in US working on H1B visa with some other company. Now, I’ve find another employer who is ready to sponsor my H1b visa.
So now shall I apply for COS to H4 or H1B to maintain my current legal status?
Anonymous,
You need to file COS to H-4 right now. Once it gets approved, you can file COS to H-1 w/ start date of Oct 1. You need to move to another visa status ASAP as you are no longer employed on L-1. H-1 cannot start until Oct 1, so H-4 is a better option for now.
You can discuss the same w/ an attorney as well.
Hi Saurabh,
Thank you for maintaining a great site and responding to all the requests with lot of patience. I have L1B visa approved recently in India through company A. I have not traveled to US yet, but wanted to change my job to company B. Will this visa gets transferred to the new company B? (or) does it gets canceled and i need to pay for the visa charges to company A?
Thanks
Vijay
Vijay,
L-1 visa is not transferable. B will have to file a new L-1 petition for you.
Hi Saurabh,
It would be pleasure if you could please answer my following questions,
I am currently living in US with my L1B visa and wife and kids on L2 Visa.
1. Can I file L1B to H1B with Company A for me separately & L2-EAD to H1B for my wife & my two kids with Company B?
2. Is that we need to file only together and that too with same company A if we need H1B for both of us?
3. Does Company A is going to ask my dependents mandatory to file H4 for my wife when I file my H1B or I can file single?
Please clarify, expecting your responses.
Vinodh,
1. Yes
2. Not necessary
3. It is not mandatory for them to include the dependents
This plan may work out except in the scenario that your wife’s H-1 gets denied or doesn’t get approved by Oct 1, while your H-1 gets approved by Oct 1. So you will become on H-1 status from Oct 1, while your wife and kids will remain on L-2 visa statuses which is no longer valid. To avoid this, have their H-1 filed w/ PP so that it gets processed by Oct and you can include them on your H-4 in case of their own H-1 denials.
Does that clarify?
Absolutely Saurabh, I have got the real meaning behind it. Thanks a lot!!!
My plan will be,
1. I will file H1B for me with Company A.
2. My wife will file H1B Visa & my kids – H4 Visa with Premium Processing with Company B for this year Oct 1, 2012.
3. Can me & my wife start processing H1B at the same time?
Could you please clarify? Thanks again!
Vinodh,
Yes, this can work. However, what will you do in case your wife’s H-1 gets denied? Check w/ your attorney if you can add her to your pending petition as dependent. The other option is to file your own H-1 after your wife’s result is known so that you can file it w/ or w/o her.
Dear Saurabh,
While in general there is a preference for people to get their L1 converted to H1-B on going to US, my own thinking is that such a move depends mainly on the company who sponsors him for L1, the work they do, and the money they get there while in L1 status.
In the case of companies headquartered in India (e.g. Indian MNCs), they would like to send people on L1 with a view that they will stay in US doing implementation work and they need to be paid less in US Dollars as they may also be credited with Indian salaries back home. The work contents of such people also may not be all that challenging as they would be doing on-site implementation. Such people would want to express freedom some time after landing in US, that of getting out of L1 and getting into H1B, thereby getting out of low pay – low level work syndrome to try their luck elsewhere in the US.
On the other hand there could be US based MNCs with setup in India and who may want to send qualified and experienced employees from India to US on L1 for doing of their specific interest there. Now such transfers will involve a higher quality of work in the US, and pay on par with those who are already in US working as employees, and the company would like to take every care that such L1 employee is not frustrated when working alongside a US employee getting higher pay for doing similar work. So the treatment meted out to such L1 candidates would be much better, and their salaries are likely to be good as they are likely to be doing important work for the parent organization in US. Such people may prefer to stay with their L1 status and may have further plans of integrating with their own company instead of looking for H1B transfers to other companies. They may also enjoy added bonus that their spouse will get L2/EAD as a package.
Do you agree to the existence of both categories of L1 employees viewed from the two different perspectives? Is it for real that such cases (especially that of the second type) may be existing?
Please comment. It counts towards my understanding of the real L1/H1B differences.
Hemant
Hemant,
In reality, it is a false assumption that employer/employee has a choice on which visa they want to go for. H-1 and L-1 are for two different skill-sets which are mutually exclusive. Only if the work requires use of employer proprietary tools/applications/technology/skill-set etc which is not commonly available outside the employer, can one go for L-1 visa.
Let me give some examples:
– If a person is going to US to do Finacle implementation for Infosys, then they can go for L-1 visa as the product is owned by Infy and not known outside the employer
– If a person if going to US to do SAP implementation for Infosys, then they have to go w/ H-1 and not L-1 as SAP implementation is not Infy specific (unless they have done it in a way that makes use of Infy specific tools/apps etc)
L-1 visa was heavily misused by employers in the past and they have sent people on Java, .NET, manual testing, mainframe etc to US on this visa. USCIS and US consulates have realized this misuse and are heavily cracking down on these employers. This is why lot of employers are now preferring to go for H-1 visa.
There is a website called FlcDataCenter (don’t remember if the doman is .org or .com) which has information on past H-1 filings. You can see the number of H-1s filed by Indian MNCs (like TCS, Infy etc) or non-Indian MNCs (like Accenture, Cognizant etc) to see if there is a big difference in those numbers. In my experience, both of them file H-1 in huge numbers.
I think you are targeting the question from the angle which is a better visa for your son – L-1 or H-1. I would suggest take a step back and see what will be his job duties and responsibilities in US. Maybe he doesn’t have a choice based on what he is doing and planning to do in US. Not sure if I answered your question or went tangential.
Dear Saurabh,
First of all let me thank you for spending so much of your valuable time in answering my queries. With your posts at least now I understand why a company would sponsor someone with H1B or L1. I am convinced that even the seeker of the visa and the his employee must match the visa type with the work type. This has been overlooked many a time, thereby bringing a bad name.
Thank you again,
With Best Regards,
Hemant
Hemant,
I am glad that I was able to clarify your doubts. Do let me know in case you have any additional questions related to your son’s visa processing.
Best!
Dear Saurabh,
One more question to understand the visa system and its implications. Do you consider any such situation that may develop in which an employee may seek and employer may agree towards conversion of H1B to L1 once a person goes to the US to his parent company on H1B and actually both he and employer find that they have a long term interest in each other, and employee now feels that his wife also should be accomodated for L2-EAD if on her own she cannot go for H1B due to lack of such opportunities in her field of work. Certain jobs like banking may not qualify for sponsorship through H1B employment, but could still be available through L2-EAD.
Please comment.
Hemant
Hemant,
One can move from H-1 to L-1 within US as long as:
– you have worked for the L-1 employer for at least 1 year outside US in the past 3 years
– your work requires use of employer proprietary tools/applications/technology/skill-set etc which is not commonly available outside the employer
Once you file your H-1 to L-1 COS petition, you can also include your dependent for H-4 to L-2 COS petition. After it has been approved, your spouse can get the EAD and start working on L-2.
Hi Saurabh,
I have applied for EAD on Mar 1st. I work for a consultancy. Once the EAD gets approved, Can i take a full time job and resign from the consultancy. Does that have any issues?? Please let me know.
Thanks
Pam
Pam,
When on EAD, you can work for any employer (I am assuming this is L-2 based EAD). So you can resign from the consulting company and join a full-time employment.
Hi Saurabh,
I am on H1. I have applied for an EAD through a consultancy. It got approved today. Is there any time limit that i have to stick to the consultancy like 6 months from applying or so??
Thanks
Pam
Pam,
There is no such time limit. Again, this is for L-2 based EAD, right?
Dear Saurabh,
I am indeed happy to see such helpful website.
I am from India and unlikely to get to the US for employment (I am 55). However it is my son who is working in a reputed American MNC in India since 4 years who needs advise. His employer is offering an opportunity to him and some others colleages to shift to the US to work in the parent organization’s headquarters. The employer says he will first send people through H1 and when the quota gets filled up he would consider L1.
I have a few question in this regard, and feel you would certainly answer them. My questions are.
1. Why does his employer give preference for H1 over L1? Isn’t L1 better for the employer to have a binding of sorts on the employees?
2. For an employee are there any advantages in seeking L1 visa but not H1 when most people in various blogs see to prefer H1. Especially if the organization is very reputed one and compensation likely to be good. Note that his spouse may want to work using L2-EAD. Is that a sufficient reason for my son to seek L1? What could be other reasons to seek L1?
3. If he goes on L1, can the employee seek to change his status from L1 to H1 after some? If yes, why will they want to do that? Again wife’s L2 to H4 status in the process may not be acceptable to my son.
Thanks a lot for reading through. I seek your valuable opinion too.
Hemant
Hemant,
1. Not all kind of jobs qualify for L-1. An employer can file for L-1 visa only if the employee will be working on employer proprietary tools/technology/applications/skill-set, which is not known outside the employer. In the past, L-1 was heavily misused by Indian companies (when they sent a person on L-1 to work on .NET, Java, mainframe, manual testing etc – and these do not involve use of employer proprietary stuff), and now USCIS has become very strict w/ their approval. As such, lot of companies are now moving towards H-1, which has always been the right visa for such technologies.
2. Main advantages on L-1 over H-1 is EAD (employment authorization) for the spouse on L-2. However, one cannot change employers when on L-1, and usually the salary is much better on H-1 (considering only the US component of the salary as on L-1 employers tend to pay per diem in US and regular salary in home country). In the end, your son will have to see what kind of work he will be in doing in US. If the work qualifies him for H-1, then that’s the only option; if it qualifies him for L-1, then that’s the only option. It’s highly unlikely that same work qualifies him for both H-1 and L-1.
3. Yes, this can be done. Same or different employer will have to file H-1 w/ COS (change of status) from L-1 to H-1. Once approved, he can start working on H-1. This can be done while the H-1 quota is open. Also, it is required for the spouse to move to H-4 along w/ H-1 filing.
Thank You, Saurabh. I will pass on the information to my son.
Hemant
Hi Saurabh,
I have 12+ years experience in IT, currently working as a PM on H1-B visa. I need your help in understanding the GC process and also under which category EB2/EB3 I should file.
As of now I understand that the GC process is a 3 – stage process:
1) PERM Labor – takes around 3-5 months
2) I-140 – could you let me know what is the lead time on this stage
3) I-485 – I can file for this stage when the priority date for my case becomes current
Also, I read on some site that the EB2 for India is on hold now and the new applications are not being accepted…(I do not know how true is this)
Thank you for helping me…
Regards,
Karan
Karan,
It is not true about EB-2. USCIS is still accepting new GC applications and they would approve them until the I-140 stage. Once the I-140 has been approved, they would not process I-485 until the date becomes current. But that should not stop you from filing the GC.
Hi Saurabh,
Thank you for your reply.
Can you please help me with the following questions:
1) What is the priority date?
2) If I initiate the GC process under EB3, how long will it take for me to clear the PERM Labor, I-140 and I-485. The current priority date for EB3 is Sep 8th, 2002.
3) If I initiate the GC process under EB2, how long will it take for me to clear the PERM Labor, I-140 and I-485. The current priority date for EB2 is Aug 15th, 2007.
I have a Bachelors degree in engineering with 12+ years of IT experience. Which category should I file?
Also, can you help me with the time leads for:
PERM Labor Processing
I-140 stage
I-485 stage
Once again thank you for helping me…
Regards,
Karan
Karan,
1. It’s the date on which PERM is filed. It sets your place in the long queue of employment based GC petitions.
2/3. PERM and I-140 processing is same for EB-2 and EB-3. PERM can take 2-6 months, I-140 can take up to 12 months (depending upon whether the petition is just approved or is put under audit). I-1485 in itself can be processed in 2-6 months for both EB-2 and EB-3. However, to file I-1485 you may have to wait for 10-15 years (EB-3) or 3-4 years (EB-2). This is where the difference lies.
You sound eligible for EB-2 based on your education and experience. Other than you qualifying for EB-2, the job should also require someone w/ EB-2 qualifications.
Hi Saurabh,
I was reading through this and I have questions on same lines.
I moved from L1 to H1. On L1 I was in US for 2.5 yrs and from Feb 2012 I’m working on H1. My H1 company said they will be filing GC starting from June 15 2012. Any reason why they want to delay this which I’m not aware?. As per them they said DOL is reviewing .. it is a long process etc.. I’m not sure what is going on.
Can they file
Thanks
Akliesh
(by mistake I submitted)…
.. continue..
can they file PERM before that?. Or do you suggest me to look for somonelse who can file my GC?.
Akliesh,
Usually to address USCIS and DOL concerns that a person really qualifies for employment based permanent residency, employers want their employees to work for them for at least 6 months before filing their GC. So they might be doing that – waiting for 6 months to evaluate your performance before filing your GC.
Also, there are several pre-steps that need to be done before PERM can be filed. This includes getting favorable wage determination from DOL, posting the job ad in leading newspapers and the quiet/review period where employer reviews the submitted resume. Once this has been completed, only then can they file the PERM.
Hi Saurabh,
I am on fresh L1 A VISA and it will expire in Aug 2013. It can be extended for 2-4 years after that.
If I apply for H1 in 2013 how does COS work and what is the best option for me as of now
Cheers
Sreedhar
Sreedhar,
Best option depends upon what you really want to do – work on L-1 or H-1.
H-1 can be applied w/ COS or w/o COS. When applied w/ COS, your status will become H-1 from COS approval date (typically Oct 1 or later) and you need to start working on H-1 from that date. If it is not filed w/ COS, then you can continue to work on L-1 even after H-1 gets approved and can later decide to move to H-1 by filing COS or entering US on stamped H-1 visa.
Hi Saurabh,
I had applied for H4 dependent Visa from L1 on Feb 6th and resigned on Mar 20th 2012. USICS has a RFE asking me “Submit evidence of the three most recent pay statements to establish and/or verify that you have been maintaining valid non immigrant status through the time of filing on Feb 6, 2012”
Questions:
1. My company does not pay salary they do Per Diem which is not exactly a salary. I have received my Indian Salary throughout and I shall provide NOV-2011,DEC-2011,JAN-2012,FEB-2012 salary slips, My colleagues in my company usually do that when they apply dependent or any visa’s while in India. Your thoughts.
2. When i applied H4 i had mentioned about taking a break from work to Join my spouse. Should i mention about my resignation and attach a resignation letter?
3. Should we always provide extra information to USCIS other than what they have asked for?
Thanks,
Kiran
Kiran,
1. You can submit those Indian payslips as part of the response and any other documents to show that you were employed w/ L-1 employer at that time. I remember someone posting a message from an attorney stating that it is legally ok to be paid in home country when on L-1 (don’t know how true it is).
2. Until your COS gets approved, you are considered to be in the old status which in this case is L-1. So you should not have resigned from them until your COS got approved.
3. Depends upon case to case. I would suggest talking to an attorney as well about your case.
Hi,
I am pretty new on the VISA process, and have very limited knowledge. Can you please help me?Excuses, if these questions have already been answered.
I am in company A now. Company B has informed that they will file a H1B for me, while the application has NOT YET started. I am slightly unclear on when they would file H1B for me.
Now my present company (A) is asking if I am OK with travelling to US in L1. I am married, and I believe my wife would automatically get L2 if I get L1.
1. What are the low-lights of L1 as compared to H1B?
2. How easy is it to change job while I am in L1 VISA?
3. Will there be any issues, in terms of my travel (USIndia) while I am in L1?
4. Should I wait for a word from company B before I communicate anything to present employer? Typically company B has been very slow in terms of responses!!!
5. My wife in L2 should be able to work in US without any hassles. Please correct if my understanding is wrong.
Thanks a lot for your help and guidance.
Regards,
Visa_query,
1. The differences have been highlighted in the article. On L-1, you cannot change employers but your spouse can work on L-2 after getting the EAD. Also, pay is typically much better on H-1.
2. On L-1 you cannot change jobs, but on H-1 you can
3. No issues as long as you maintain legal status in US and your L-1 visa is valid
4. You need to tell them that your current employer is filing L-1 for you, as it is possible that both L-1 and H-1 will be in play together.
5. Yes, she can apply for EAD and then work on that.
Hi Saurabh,
My L1-B visa expired(after 5 years) on March-31-2012. I’m in India now. Am I eligible for new H1-B filing or L1 to H1 conversion for this year?
Please advice.
– gnans
Gnans,
There is nothing like L-1 to H-1 conversion. You need to go through a brand new H-1 petition subject to cap. However, you have already spent 5 years in US on L-1. This means your H-1 will not be valid for more than 1 year (the limit is 6 years for H-1 + L-1 time). If you want a new term of 6 years, then you need to stay outside of US for at least 1 year and then apply for H-1.
Hi Saurabh,
Thanks for maintaining this awesome site!
I am currently on a L1-B visa. I want to change the job profile (move to a different company if the change of profile isn’t feasible within my current firm), and also apply for a greencard sooner than later. For this reason, I am considering switching to H1 visa timing it to start from October of this year.
My question is:
1) Is L1-B or H1-B a better visa to be on if I am applying for greencard? I probably will follow EB2 process. Some friends mentioned it doesn’t matter while some said L1-B will take shorter time. I assume I fall under “Other Countries” (i.e. not India or China) as far as concurrency of date is concerned. Can you advise whether switching to H1-B will end up delaying my greencard process later down the line?
2) I also hear from some friends that if I am in H1-B it would be harder to get a promotion if there is substantial change in role (e.g. from a team member to manager etc). Is it true?
3) I am thinking of starting my job hunting process at around June so that I have 3-4 months before October. I am assuming starting it too early would not work as the new employer would not probably be willing to wait say 6 months till October to fill their opening. Would you advise if this timing doesn’t have any obvious issues.
Thanks a ton, appreciate it!
Regards, Abhisek
Abhishek,
1. When it comes to L-1, the only advantage is that PERM doesn’t need to be filed and that saves around 2-6 months. However, when you are on H-1 you can file for extensions beyond 6th year based on pending GC. When on L-1, you will have to leave US at the end of 5 years even if your GC is under process.
2. Yes, this is true. Your case needs to be reviewed by attorney when the change in duties is more than 50%.
3. Only thing you need to watch out for is quota count. Quote should still be open when you file for H-1. So you will have to follow the weekly counts published by USCIS to make sure you are not too late.
Hi,
I am working with company A on L1B. I have my visa valid till Feb 2013 and I94 till Feb 2014. It’s the same for my family also. Company B ready to process H1 for me and need to start work from 01 at Oct 2012. I have 2 questions.
1. If suppose if I continue woking with company A on L1B after 01 st Oct 2012. Is that ok?
2. My family is planed to visit India in June 2012 and will come back in Aug 2012. Since my H1B will be under process is that ok if they travel here on L2? WIll their status autoomatically changed to H4 after 01st Oct if I decided to work for company B?
Pls help.
Madhu,
1. If your H-1 is approved w/ COS, then your status will be H-1 from Oct 1 and you need to work on H-1 from that date. If you want to continue working on L-1, then do not file it w/ COS.
2. If they plan to do so, then it’s better you get your and their H-1/4 approved w/ COS before they leave US. This way they can still return on L-2 and still be on H-4 from Oct 1.
I have a valid L visa till 2013 and I-94 valid till 2014.
my new employer going to file regular H1 in April this year.
I came here on Sep last year,I thought of travel to India before September 1st 2012 to complete certain personal work before moving to H1 in US on October 1st 2012, Since there are lot of risk in getting the passport stamped.
I consult with my friends here, they said first i need to get the H1 petition approved and then i can travel outside.
and can come back to US on L1 visa before September 30th.
They also said I should not travel outside US while H1 petition is in approval process, if i travel then the petition will get abandoned.
My Questions are..
When do i get to know about H1 petition status or is it wise to do the H1 premium?
Is it safe to travel outside US in between Now and September 30th.
If i travel outside do i need to go for Stamping in India?
How to deal with this situation?
Satish12
1. Filing it w/ premium ensures USCIS review within 15 calendar days (not including RFE time). Under regular processing it can take months.
2. I agree w/ your friends on this
3. H-1 stamping is not required. You can return on L-1, and still be on H-1 from Oct 1 automatically (assuming H-1 COS was approved before you left US)
4. Like your friends said. File it w/ PP to be sure it get approved in time giving you enough opportunity to make travel plans.
Thank you so much,
I again and went to the new employer and said the same, they said due to Last action rule# which happened last year, if i come with new I-94 i cannot be with H1B. So it is not going to work and you cannot travel to india and get the new I-94. if then its going to be amendment and lot of process out there in order for you to move to I-94, is that true?
Can you explain why my new employer is telling last action rule the new I-94 and L1 is going be valid instead of H1 from oct 1st?
Satish12,
Here is an article published by a prominent lawyer that explains the same. You can send this link to your attorney. LAR is waived only in this particular case when H-1 is approved for a future date of Oct 1. In rest of the cases, LAR will take precedence.
Thanks for maintaining the wonderful site.
I gave them the article, they told me the new Last action rule came into effect starts from November 2011 and this one was old, they did not gave me any clue where it is. So i am confused also they said, they are not going to process if i go in between now and Oct-2012.
I am sure , you may be aware of if there are any rule that came up recently right?
Satish12,
Last Action Rule has been around for several years and this is not something new. You can consult an independent lawyer and show them this document along w/ employer’s statement and take their opinion.
In the end, you will have to do what your employer and attorney suggests.
Hello Saurabh ,
Currently iam in L1 B Visa & I have worked for company A almost 5 years . My visa expires on 28th september 2012 . I got a job offer from Company B & they are willing to do H1 B , but i have to start my work in five weeks. My question is ,since i worked 5 years in L1 B , once my H1B is approved can i work from the date of approval to my new employer or i need to wait until october 1st . Please advice.
Pri,
Your H-1 will not start prior to Oct 1 as you have never held H-1 in the past. Also, for this H-1 needs to be approved w/ COS prior to Oct 1.
Hi Saurabh ,
Please explain what is W/COS. And also Please suggest me what is the best method i can follow , so that i can continue in U.S after my L1B expires on Sep 28 th 2012.
And also Sir,
Please confirm that there is no way to start my work on H1B before october . Also if this is a only option , then my L1B expires on Sep 28 th 2012 & my H1b starts on october , that two days without a visa , will it impact on anything . What is best way to avois this.
Pri,
You current status in US is L-1. In order to work in US, you either need enter US on stamped H-1 visa or file H-1 petition w/ COS (change of status) from L-1 to H-1. You will be considered on H-1 status from COS approval date which is typically Oct 1 (as you have not held H-1 in the past).
H-1 cannot start prior to Oct 1. I don’t think 2 days should be an issue, but USCIS may not approve COS b/c of that 2-3 day gap. Check w/ your attorney.
Hi Saurabh
My L1 visa expires on 29-Aug-2012. But My I94 Expires 30-Jul-2014. I am planning to visit india around Nov 2012. Can I apply for extension now?
Raja,
When is your I-129 expiring? You will have to go for stamping when in India, and so it is better to have an approved unexpired I-129 at that time, so that you can go for L-1 visa stamping and then return to US.
I-129 extension can be filed now as you are less than 6 months out.
Saurabh,
My I 129 will be expiring on 29-Aug-2012.
Hi saurabh,
As I discussed earlier, My L1B is expiring Nov 2012 but I have valid I 94 till Jan 2015. I have to visit India Twice this year so my employer was willing to file L1B extension , Now My employer is saying that If My I94 is valid till Jan 2015, they cant file my extension, When I ll visit India, they ll send papers to USCIS two weeks before my trip, Now my ques’s are
1) Is this true, they can’t file My extension?
2) will this be fine to send papers two weeks before my india trip.
3) How much time It may take to get visa stamped in India this way?
Appriciate your help.
Thanks
Akansh,
1. I think they can but I am not sure. Two things are generally required to be extended – I-129 and I-94. In your case, only the former needs to be extended.
2. AFAIK, one needs a valid I-129 when going for L-1 visa stamping. So if it is filed just 2 weeks prior to your travel, you may not have the approved extended I-129.
3. If visa stamping is successful, you will receive the passport within a week. Else it can take months if it undergoes administrative processing.
Hello Saurabh,
I have a question.I am working for Company A on L1B.I have an employer B(consultancy) who is filing my H1B without Change of status.If suppose i get my H1B without COS approved by say August,but I find a job with an emploer C who is ready to recruit me for a permanent position doing H1B transfer with COS,Will i be allowed to work for company C ?Or is it a mandatory thing to get atleast 1 pay stub generated from Company B before H1B transfer can be done?
Dinkchak,
It is not required to submit payslips from B as your status remained L-1 all along.
Thanks Saurabh
Saurabh,
Where will my Approved H1B petition be sent generally be USCIS?Will it be sent to me through mail or will it be sent to the attorney from whom i might need to collect it later?
Thanks
Dinkchak,
USCIS will send it to the attorney or employer, and they can then fwd it to you.
In that case,if they hold up my approved petition with them(Company B),how do i need to file my H1B transfer with COS for Company C.I hope that we need approved petition to be submitted when filing a H1B transfer with COS for C.
Dinkchak,
Best is to have copy of the approved 797. If not, you can still go ahead and try w/ the receipt number. If you don’t know the receipt number, then it’s an issue. But I think they will share the receipt number w/ you, or at least the I-94 which will come attached as it belongs to you and not them.
Hi Sourabh,
Thanks for all great help.I need your help.
I am on L1B Visa which is valid till Nov 2012 and valid I 94 till Jan 2015. I may have to go to India trip in June and November this year, so My employer decided to file for Extension.
1) If My employer files for extension now and I got for short India trip In June 2012, will it effect somethiong?
2) If My L1 extension approved, How much time L1 stamping may take in India?
3) If In worst case L1 extension is not approved, will My current I 94 be valid?
Please help.
Akansh,
1. It will not effect the processing
2. If successful, you can get the passport w/ visa within 1 week. If 221g is issued, then it can take longer (months)
3. Yes, but you will need a visa stamp to return to US. So if L-1 extension is denied, you cannot go for stamping and return to US.
3) If I dont go to India and My L1 extension is debnied, then Can I stay and work based on MY I 94.
Akansh,
Are you on blanket petition? If yes, then you can continue to work on basis of I-94 as long as you are within US.
As per my experience:
1. L1 extension will not be considered by USCIS as you have valid I-94 and you work on this I-94 untill it expires. So there is no point of success or failure.
2. Only the big problem working on I-94 is you can leave US, if you leave US your I-94 will expire and you can not come back to US unless you get another VISA. Which is like applying for another VISA in India.
Hi Sourabh,
My L1 visa is getting expired on july31 2012. But my I 94 validity was there till oct 2013. Can i stay in us and work after october 2012 once i get the h1 approval done.
Thanks
Hari
Hari,
You mean your visa stamp in passport is expiring in July 2012? If yes, then it can very well get expired and you can continue to work on L-1. Once your COS goes into effect, you will have to stop working on L-1 and start working on H-1.
Hi Sourabh,
Thank you very much for rpoviding the very usefull information.
You mean i can start work on H1 before October and the date cos approved right?
one more question what about my wife and kid L2 can i convert them to h4 . because their l2 is expiring on july 31 2012. what happens if i got the h4 for them do they were eligible to stay here before october 2012?
Thanks
Hari
Hari,
No, that is not what I said. I said you will have to work on H-1 when COS goes into effect – and COS goes into effect of Oct 1 or later. If this is a brand new H-1 petition, the earliest date is Oct 1.
You will have to include them as dependents in your H-1 petition. Once your COS petition is approved, theirs will also be approved w/ start date of Oct 1. This is assuming their I-94 is also valid for a date beyond Oct 2012 (like yours).
Hi Saurabh,
Hoping for your expert guidance on this. Here is my situation. I currently have an L1B Visa with company A, expiring in end of may May 2012, same for I-94 stamp. I am looking to join company B who will apply for my H1B visa, which cannot come before Oct 2012. Can I stay in US if I leave company A in May and while my H1B is in process?
Thanks, really appreciate your help!
Visa Hopper,
No you cannot stay in US on that basis. As H-1 I-94 cannot start prior to Oct 1, there will be a gap b/w May and Oct. So you should leave US if A is not ready to file L-1 extension for you.
Thanks Saurabh. Another question – If A files for an L-1 extension for me and it is approved, can I leave A before Oct 2012?
Visa Hopper,
Yes, you can leave US before Oct 2012. However, if you leave before H-1 gets approved, then your COS would be abandoned. You also need to think about when you plan to return to US and on what visa (you cannot return on stamped H-1 until Sep 20th, and may have to go for L-1 visa stamping knowing that your original L-1 has expired).
Hello Saurav,
My L1A will expire on JAN’2013. If my company wants to apply for green card in EB2(and not in EB1) then when it should be applied. If I asume that my compny will apply next month, then please let me know in which criteria, I can stay in US even my visa expire.
BAS,
As you are in L-1A, you don’t need to get PERM done. I might be wrong, but I don’t think one can file for L-1A extensions based on pending PERM/I-140, like they can do for H-1. Check w/ your attorney on it. If this is true, then you will have to leave US at the end of L-1A term and after consuming the maximum time allowed on L-1A in US.
Thnak you Saurav.
I entered first into US on L1B on 16-DEC-2006. I was in US for three months. I left to India. I was back again to US on 01-JUL-2007. My L1B has been converted to L1A on OCT’2011. Most of the time from JUL’2007, I stayed in US in L1B. Now my question is whether I am at all eligible for EB1 Green card or not.
BAS,
It will depend upon what the job requirements are for the offered position. Just b/c you are on L-1A doesn’t qualify for EB-1 category. You will have to check w/ attorney about the job requirements and whether they qualify you for EB-1 or not.
Thanks Saurav.
If company A and company B applied my H1B this year, what problem I can face for that?
If one company applied my H1B with COS, does it mean that I have to start work from 01-OCT-2012?. What if I don’t get a job that time(01-OCT-2012)?
BAS,
Legally, multiple employers can file separate H-1 petition for you. They will be processed separately and both, either or none may get approved.
You will have a job in Oct 2012 – it will be w/ the employer whose H-1 has been approved for you. The company filed H-1 for you by extending a job offer to you. So you will be employed w/ them and need to start getting paid through them on H-1.
Hi Saurabh
Thanks a lot for your response, its really helping us.
I think someone could have asked this question before to you.
I’m on L1b and my dependents also staying with me, they are in L2.
I got an offer from Company B based in US and they are ready to apply for H1.
I heard that I can start working for them from Oct 1 if it is approved.
My question is,
1. Will company A come to know that I’m trying for H1?
2. Can I continue to work for Company A if my H1 is not approved?
3. Will my L1 get affected if my H1 is not approved?
4. Can you tell me, is there any checklist in US based on that we can choose a H1B sponsor.
I’m really confused, can you please help me?
Thanks
-Hari
Hari,
1. No
2. Yes as long as your L-1 remains valid and doesn’t expire
3. No
4. You need to find someone who is credible, has good H-1 success rate, doesn’t ask you to pay for H-1 fees, has direct clients and can provide all documentation related to H-1 including client letter, employer-employee relationship. You can search for more articles from the archive section.
Thanks a lot Saurabh for your clarifications.
I really appreciate your support in this regard.
Hari
Saurabh,
I have my H1b valid till 30 Sep 2012 can be extended till 3 More year , My Current company asked me to leave US and join the india Office in next 2 week , which will start from 9 th April , but I wanted to use my H1B , Please tell me the possible way to achive my target. Is that possible to trasfer my H1 in next 2 week. Do have some ref ?
Ashutosh
Keshav,
It may not be possible to file H-1 transfer within next 2 weeks. You will have to search for an employer, and then they will have to file LCA for you (which can take 10 business days) and then file H-1 transfer for you. But you can still give it a try and see how soon you can find an employer. Once the transfer petition is filed, you can join the new employer on the basis of confirmation of petition reaching USCIS.
Thanks for information Saurabh.
Does anybody knows some companies/bodyshoppers who sponser L1 to H1 conversion ? I recently heard infosys does not do it.
Hi Saurabh,
To start with,kudos for the great work you are doing.
I am on L1-b with validaity till Jan 2014.If I want to tansfer to H1b with the new employer,whats the process and cost involved.I dont have the offer from the new employer yet so I guess I have to find the sponsor for my H1b.
Appreciate your help.
Thanks,
Preety
Preety Pujari,
This article has details on the fees.
As for process – find an employer, have them file the petition w/ COS. Once approved w/ COS, your status would be H-1 from Oct 1 or actual approval date (whichever is later) and you will have to work on H-1 from that date.
Hi – My L1B is expiring in May 2012. The total 5 years is ending. I have filed L2 (I539) and EAD (I765). My I-94 is valid till Nov 2012. It is in pending status. My company is filing H1 for me.
1: Can I stay in US after May 2012 ?
2: Can I work after May 2012 if EAD is in pending ?
3: Is there a way to speed up the process for L2 and EAD ?
4: If L2 is rejected, then Do I have to leave US ? My I-94 is valid till Nov 2012.
Prakash,
1. Based on pending L-2, you can continue to stay in US
2. No, you should not as you will have reached 5 years of L-1B
3. You can send them a request, but it’s their discretion whether to speed up or not
4. You can continue to stay even after L-2 denial, as your I-94 is valid
The above answers are valid in general cases, but you will be reaching 5 year limit in May. So it would be good to get them verified by an attorney as well to be sure that they are applicable to you as well.
Hi Saurabh,
Just want to clarify 2 things
But Company can file my H1 for 1 year.. correct ?
And if I get my EAD before L1B expires then I can contine working from May till Oct and then go on H1.. correct ?
Prakash,
Yes, company can file H-1 for just 1 year. Once your L-2 and EAD is approved, you can continue to work until Oct 1 at which point H-1 will kick-in assuming it has been approved w/ COS by then.
Hi Saurabh,
If EAD is not approved till May 14 2012 (Visa Expiry date) then do I need to ask my employer to terminate my assignment on that day or can i take leave till EAD is approved. I mean after the visa expiry date should I get salary or not ?
Prakash,
If your L-2/EAD is not approved by that time, then you should stop working. Once your EAD gets approved, you can commence your work again. But you should not work once you reach 5 years on L-1 and L-2/EAD has not been approved yet.
Hello Prakash,
How can you L2 (I539) and EAD (I765) as it is a dependent visa. Are you talking about your dependent?
BAS
Hello BAS,
I did not understood your question. I will be working as dependent on EAD.
Hi Saurabh,
Below are my details:
Current visa : L1B expiring in jun 2014.
I-94 expiry: Jan 2015
Passport expiry: May 2013
My question is, if I apply for H1B this year what will be petition validity. Will it be for 3 years with new I-94 or will it be only till my passport expiry date (May 2013) ?
If petition validity is only till my passport expiry will I get new I-94 valid till May 2013 or my current I-94 (expriy Jan 2015) would be considered ?
Thank you for your help in advance !
Thanks,
JG
JG,
Petition expiration date will depend upon:
– what your employer requests
– what USCIS seems appropriate based on submitted documents
– how much time left before you reach 6 year limit of H-1 + L-1
It may be valid beyond passport expiration date, but the attached I-94 will be valid only till passport expiration date.
Hi,
There are few question I have with regds to L2 VISA. I am on L2 Visa with validity till mid 2013.
1. Normally how long does it takes for EAD approval, once I submit the application. Is my presence required in US for the same.
2. Can I study on L2 Visa ? If in case I plan to have higher studies once I am in US on L2 visa, what are the possibilities ?
Your answer will be of great help. Thanks.
App,
1. Takes around 2 months. I don’t know if presence is mandatory during the processing or not, but you need to be present in US at least at the time of filing.
2. Yes, one can study when on L-2.
Hi Saurabh,
I’m on L1-B and in the US with my family on L2. My visa status is going to expire in Sep 2012.
Company B will be sponsoring H1-B and will apply in July.
My questions are:
1) Since, my L1-B expires before Oct 1, the only option to apply for H1-B is w/o COS. Is that correct?
2) When an H1B is applied, do I need to submit our passports or just the copies to USCIS?
3) When an H1-B and H4 are approved, where does the approved Visa documents get sent to? The sponsor or the beneficiary ?
4) If it is sent to the address of the beneficiary, and if we anticipate that the H1B will get approved after I leave US, can the sponsor specify during the application that the visa documents be sent to them instead?
5) If H1B is approved (say using premium processing) before I leave US, and sent to either the sponsor or me, I should take those documents with me to go to consulate in my home country for visa stamping. Is that correct?
6) If the H1B is approved after I leave US, should the sponsor send the approved documents to me by post/mail as hard copies or could they be sent as scanned copies to my email?
7) Is the cost of H4 fees lesser than H1B?
8) Will the overall cost be lesser if the sponsor applies for H1B / H4 for my family while we are in US than if applied after we outside US?
9) If H1B w/o COS is approved while I’m in US, do I need to leave US immediately, or can I stay as long as my L1B is valid?
Sorry for so many questions, but I am quite new …
Thanks,
Prince
Prince,
1. That is a correct assumption. When is your I-94 expiring for L-1?
2. Only copies
3. Petitioner i.e. employer/attorney
4. N/A based on (3)
5. Yes, you will need those documents for H-1/4 visa stamping
6. It is better to have the original 797 when going for H-1/4 stamping and later at PoE
7. Yes, in case of H-4 only COS fees need to be paid.
8. To the employer, it will be lower if they don’t have to apply for H-4. They can apply just the H-1 for you, and when you go for H-1/4 stamping you both will get respective visas.
9. You can stay until your L-1 validity date
Thanks Saurabh!
My I-94 for the extended L1 is expiring in Sep 2012 as well.
For you response:
8. To the employer, it will be lower if they don’t have to apply for H-4. They can apply just the H-1 for you, and when you go for H-1/4 stamping you both will get respective visas.
So, assuming the employer has applied H1 only for me and when I go for H1 stamping, and take my family with me, we could ask for H4 for my family at the interview itself? I mean after paying fees of course.
Prince,
Yes, when you go for H-1 visa stamping, you can schedule their H-4 stampings as well and they can go along w/ you. Once approved, you will get H-1 visa and they will get H-4 visas.
Saurabh,
Thanks a ton!
Hi Saurabh,
I see that you have helped solving everyone’s queries.Thanks.
I wish you could help me too.
I am on L1B with Company A which is valid till 2013 June.Now,I have got an offer from company B.I understand that even if company B applies for my H1 and if I get my H1 approved,I can start for company B only from Oct.
But my question is will company B be allowed to file a H1 now itself or need to wait till Aug for L1 to H1 slots?
Hope my question is clear.Please help me.
Regards,
Shrini
Shrini,
They can file it now w/ effective start date of Oct 1. They don’t need to wait until Aug (quota may or may not be open till Aug).
Thanks a lot Saurabh.You are great to help these many people in need :).
Hi Surabh,
My L1 visa getting expired on july 31. but my i 94 validity is there untill 2013. In this case if i apply for h1? what happens to my COS . I want to know can i work on h1 after getting the approval before october 2012 because my I 94 is valid. Please advice.
Thanks
Hari
Hari,
Even if H-1 COS is approved, it will have an effective date of Oct 1. So you will have to work on L-1 until Oct 1, and on H-1 thereafter (assuming H-1 COS is approved by then).
Hi,
My L1B and i94 is expiring on June 2012. My employer will be applying for h1 but I came to know that I cannot start work before Oct even though if my h1b application is approved.
1.If I need to stay in US beyond my L1b i94 date, what should be done.
Should my employer go for l1b extension to cover up months between june to october?so that i can stay in us with L1b extension receipt and start working in h1 from october. (or) is there any other alternative.
2.In above case, applying h1 w/cos or without cos make any difference?
3.I am staying with family. If i get h1b approval, can my wife travel to india in september with h1b approval and l1b extension receipt and come back after oct after getting h1b stampimg in India
4. can i continue to stay in us beyond oct and start working in h1. If I go for vacation with approval,then I should enter us with h1b stamping right?
Please advise.
Raj
Raj,
1. L-1 extension needs to be applied.
2. USCIS may not approve COS unless they see proof of I-94 continuity till Oct 1.
3. Yes, she can return on H-4 visa stamping provided you have started working on H-1 i.e. your H-1 has been approved w/ COS. If you are still on L-1, then she needs to return on L-2 visa
4. Yes, to return and work on H-1, you need to get H-1 visa stamped. Before leaving US, you can work on H-1 only if H-1 has been approved w/ COS. Else you will have to continue working on L-1 (based on L-1 extension).
Hi Saurabh,
Thanks for the inputs!!!
Just need one more clarification, since My L1B and i94 is expiring on June 2012. I am going for h1 which will get effective from oct and apply for L1 extension to cover up months between june to oct so that I can stay in US without leaving US.
1. What is the likely period I should go for H1 application and L1 extension.
2. My employer asked me to apply for h1 in month of may and apply for L1 extension in beginning of june. will this be safe for me to still continue in US legitimately.
Thanks!!!
Raj,
You can continue to stay based on the filing dates you have mentioned. However, H-1 COS may not get approved as your L-1 extension is pending. For H-1 COS to be approved, your L-1 needs to be extended beyond Oct 1.
Thanks Saurabh!!!
Assuming my employer will be going for consular services (w/o COS) in May..and l1 extn by June, then the only difference to above scenerio is
1) I can go to in India september (with l1 extension receipt) and come back on october with h1 stamping even if my L1 extension is not approved(pending) .right?
2) will h1 approval w/o COS requires proof of continuity beyond oct (ie L1 extension approval?)
Raj,
1. Yes, you can go for H-1 visa stamping and then return on H-1 visa stamp. The earliest you can return on H-1 is Sep 20th assuming H-1 is approved by then.
2. No, it will not require continuity of L-1 beyond Oct.
Hi Saurabh,
I’m on a L1A visa assigned to work for an especific company and I’d appreciate your help clarifying if i can change to another company while holding the same visa. I’ve read that many prefer to change to H1B but i see more advantages in keeping the L1A since i’ve read that is easier to get residency, my current company is not willing to sponsor me to apply for it and i want my new company to sponsor me for that,
Pls your comments,
Thks
Matias,
You cannot change employer when on L-1A. Only H-1 gives you that flexibility.
Dear Saurabh,
I have got the certificate from the employer for my PERMcertification (EB2). It mentions the post “Credit Analyst” which I washolding but it does not mention the responsibilities which I had carried it. Will it be sufficient for the purpose or not?
& also heard that EB2 dates are going back to Aug 2007 from May 2010 is that true?
Virani,
Yes, EB-2 date is retrogressing to Aug 2007 in April/May bulletin. I am not sure about your other question.
Hi Saurabh,
Can I apply and travel to US on Tourist/visitior visa on my own while my petition for H1B is filed ?
My company would be filing my H1b this year in april somewhere, whereas I need to travel to US on tourist visa for personal work.
Hardik,
Yes, you can file and travel on B-1 as long as you have valid reasons for the same. Your H-1 processing can continue in parallel.
Hi,
I have a L1B visa which expires in June 2012, but the POE office gave me I94 till june 2015.
1. Can i work for the same employer till 2015 without visa extensions ?
2. Which is better to apply L1 extension or H1 from the same employer.
Thanks
Abxy,
1. Is your L-1 a blanket petition? If yes, then you can work until I-94 expiration date
2. Depends upon what kind of job your employer has for you. Not all work qualify for L-1 or H-1. Other advantages are listed in the article above.
Thanks for the reply.
I have a blanket L1. One thing is that if the same employer is doing COS from L1 to H1 and if H1 is rejected, does that affect my stay in US or is my I94 still valid to work in us ?
Thanks
Abxy,
It doesn’t effect your existing L-1 and you can continue to stay and work based on your I-94.
Hi Saurabh,
My L1A and wife’s L2 was applied on Dec 19,2011.
Yesterday , I received an email from USCIS about my wife’s application is Approved and they had sent approval in a mail which I should receive soon.
My application still shows Initial Review state. I wanted to know how my Spouse’s L2 got Approved before mine. Also , does this mean that my Application is also most likely to get Approved?
Please provide your comments.
Thanks,
Mukund.
Mukund,
Usually it shouldn’t. Wait for few more days to see what happens w/ your petition, and then ask employer to follow-up.
Thanks Saurabh,
I will wait for 1 week and ask my employer to check with USCIS.
Hi Saurabh,
Could you please confirm approx how much time it needs to file and get approval for L1B petition.Your advise will be of great help.
Thank you,
Anup
Anup,
In general, it can take 2-6 months.
Thanks Saurabh.I have read something like ‘Its takes only 1-3 weeks for a L1 petition covered by a blanket petition.Could you confirm what does this mean.
Anup,
So there are 2 kinds of L-1 petitions – individuals and blanket. The former is filed specifically for you and is a brand new application and USCIS will have to review all the documents and information. The latter is a blanket and is filed for a group, which doesn’t need to be named at the time of filing. Later, employer can add individuals to the group and this is much more speedier as USCIS has already reviewed company/job related documents are part of blanket approval. However, the latter has higher chance of denial during stamping.
Thanks Saurabh,Its clear now.Greatly appreciate your help.
Hi Saurabh,
My wife is working on L1B which is expiring in Feb 2013. I am on L2 which is not stamped. Currently I am working on EAD. Our company has planned to file H1 for both for us which will be effective Oct 1 2012. We are planning to go to India in Nov 2012.
1: Does she needs to get H1 stamped ? Or she can enter on L1B as it is expiring in Feb 2013 ?
2: Do I have to get H1 stamped ? Or I can enter on L2/EAD as it is expiring in Feb 2013 ?
Prakash,
1. If she returns on L-1 visa then she will remain on L-1 and not H-1. If she wants to return and work on H-1, then she needs to get H-1 visa stamped and then return to US
2. Same answer as (1)
Hi Saurabh,
In both the cases, will the H1 be void ? Or after L1 and EAD term is over we can continue on H1 ?
Prakash,
H-1 will not be void. However, COS needs to be filed from L-1/2 to H-1s after you enter US on L-1/2. Your status will change to H-1 once those COS applications are approved.
Hi
Thansk a lot for you previous response. I’m in L1B blanket Visa. My Visa and I 94 is going to expire on Aug 1st 2012. My company said that they will initiate my L1B extension by May 1st week(3 months before the Visa end date).
1) How long will the process take to know the Visa extension status?( what is minimum and maximum time will it take know the status)
2) My family is in India now. If i get the Visa extension. Should my family need to go to US Embassy in India to stamp the VISA renewal for L2 dependent?
MI,
1. It can take 2-6 months, not including RFE time
2. If they don’t have L-2 visa stamped in their passport, then they will have to appear for L-2 visa interviews once your L-1 gets extended.
Hi Saurabh
I am currently working for a company on L1A status in the US. My L1 visa is expiring on july 31st. if i wan to apply a H1 visa in this april 2012 am i able to start working after my h1 getting approved. Please suggest me the right process to file a H1.
Thanks
Hari
Hari,
Your H-1 cannot become effective prior to Oct 1. And you cannot work on H-1 until that date. When filing H-1, USCIS may want proof that you will have legal status b/w July 31 and Oct 1, which you don’t have currently. So it may be better to file L-1A extension, get it approved and then go for H-1 filing. The other option is to leave US after L-1A expiration and then enter US on stamped H-1 visa.
Hi Saurabh,
I came on L1 Blanket visa to US in 2008. Later my company filed a H1 B and my company changed my status from L1 to H1.
My question is how many years I will be able to legally work in US on my H1. Since I first came on L1 and then transferred on H1 will my stay in US will be restricted to 5 years or will I get 6 years to work in US.
Thanks in advance for your reply
Narayan
Narayan,
You will get 6 years and it will include time spent on L-1 and H-1 inside US.
Hi Saurabh,
Thanks for all your help you are offering.
My husband is on L1 and I am on L2-EAD and working . Our Visa is valid till Nov 2013. My company is applying for H1 in april. If My H1 is approved and will be valid from 1st oct. then
1) Can My husband’c co file for My L2 w/o COS so that I can come on L2 anytime.
2) If 1) is not, and we go to india in Dec and while coming back Can I have L2 visa stamping, and wud L2 visa stamping will effect H1.
3) Can I have H1 and L2 both stamping in india and travel on H1.
4) If I have H1 approved , How much time will it take for H1 staping.
5)If I dont extend L2 Visa, How much time it will take to get l2 Visa in india and stamping.
Thanks
sorry Visa is valid till Nov 2012.
Priya,
If your visa is expiring in Nov 2012, when is employer planning to file L-2 extension? You can wait to see what happens w/ your H-1 petition. If it doesn’t get processed by Aug-Sep, you can upgrade it to PP to get the result before Nov 2012. If H-1 is approved, then no L-2 extension is required (you can still go for L-2 visa stamp in case H-1 stamping is rejected). If H-1 petition gets denied, then you can either leave US and get L-2 visa stamped (I am assuming your husband’s L-1 extension would be filed irrespective of this) or continue to stay in US and have employer file L-2 extension for you.
Hi Saurabh,
Do you eman even If My employer files H1 for me, then also my husband’s employer can file L2 extension for me, wont it effect my H1 approved status?
Priya,
I am saying that ensure H-1 gets processed by say Aug, so that it leaves you enough time to file L-2 extension (in case of H-1 denial). If H-1 gets approved, nothing required on L-2 side. Does that clarify?
Saurabh,
I am confused between, if My employer can file my H1 and My husband’s employer can file L2 extension simultaneously and which one will be effected when?
Priya,
If they both are processing at the same time, then the final one to be approved wins. So if L-2 gets approved followed by H-1, then your eventual status will be H-1, and so on.
Priya,
1. If you are already on L-2, then there is no COS to L-2 required. Are you currently in US, then what about coming on L-2 anytime? I am not sure what you are asking here.
2. Not clear what you are asking. As your H-1 will be filed now, chances are its result would be known by Dec. So it would come down to whether you want to return on L-2 or H-1.
3. Not advised. Go for the stamping you want to return on. If H-1 gets rejected, then you can go for L-2 visa stamping (which is not required as your L-2 visa is valid till Nov 2013)
4. You schedule the avalable date on VFS site and then go for stamping. If approved, you will receive the passport w/ visa within few days. If 221g is issued, then it can take months.
5. Same as (4)
Hi Saurabh
I am currently working for a company on L1A status in the US. Another company is filing for an H1B with COS on the 2nd of April for me. From the time the petition is approved to October 1, 2012 when I start working for the new company, can I travel outside the country on my L1A, and will this result in the petition with COS getting canceled?
thanks a lot for your help!
Savita
Sav,
You can travel out of US and return on L-1A b/w the time your H-1 gets approved w/ COS and Oct 1. Your status would still change to H-1 from Oct 1 in this. However, if you travel prior to H-1 approval, then your COS would be abandoned and status would remain L-1A even after Oct 1.
Hi Saurabh,
Hope you are doing fine. You helped me last time now again need your advise. I was having H1B approved without COS and maintaining my L2 status. Recently I got my H1B with COS however my spouse has already filled I-539 for me to extend my L2 status. Currently it is pending with CIS.
I want to withdraw my i-539 petition as I am already on H1b status with COS. Can you please let me know the process? Can I request for withdrawal?
Appreciate your help.
Dimpy,
Who filed the L-2 extension petition? That person/company should sent a certified mail to USCIS asking them to withdraw the petition. They can also call USCIS and ask for specific process to withdraw it.