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…
Saurav,
I want to know whether I’ll be elegible for green card in EB1 category: Let me give you all my information:
I have been with my current company(A) from AUG’2004.
From 2005 to 2006 I played a role of manager but my designation was Senior Software Engineer(not a managerial designation).
I first entered USA on L1B in 16-DEC-2006 from my company A.
I went back to India again on 16-MAR-2007.
I again came back to US on 02-JUL-2007 in same L1B.
Last year(2011) I went back to India to convert my L1B to L1A in the month of OCT.
Right now I am in L1A. It will expire on AUG’2014.
My question:
Is it possible to apply my GC in EB1(International Manager) category in L1A?
BAS,
Based on the information you have provided you may qualify for EB-1. However, a lawyer will be able to provide the precise answer.
My H1B has been filed 30-MAY-2012. I got the H1B receipt and this is the only document right now I have with me. I’ll receive I-797 only when my H1B will be approved. It is still not approved.
My question was how can I know whether my H1B filing was done with with COS or without COS from H1B receipt?
BAS,
From the receipt notice you cannot determine COS. Check w/ employer about the I-129 as that would have this information.
As per my H1B receipt notice, it is written as follows:
CASE TYPE: I129 Petition for a Non ImmigrantWorker.
Does it mean that my H1B filed without COS?
How do I know that it is applied with COS or without COS?
In I-797A Notice of Action form, they will mention as “The above petition and COS have been approved”. And also you can see new I-94 form is attached at the bottom with new I-94#, Receipt#, class and validity date. This proves that your COS is approved.
Thanks
My H1B has been filed 30-MAY-2012. I got the H1B receipt and this is the only document right now I have with me. I’ll receive I-797 only when my H1B will be approved. It is still pending.
My question was how can I know whether my H1B filing was done with with COS or without COS from H1B receipt?
Did they share all the documents to you before filing. If yes, then in the ER Letter, employer will request USCIS for COS along with your job description etc…else you have to wait till your petition get approved.
Hey Saurabh, hope you’ve been doing good!
I spoke to my company attorney’s and they confirmed that since mine is L1B Blanket visa the I-94 validity allows me to continue working here.
———————————-
My original Issue =>
http://redbus2us.com/l1-to-h1b-visa-conversion-advantages-l1-to-h1b-transfer-change-of-status-implications-in-us/comment-page-12/#comment-26015
———————————–
I also got my H1b applied via a consultant and have got the acceptance of application receipt for it. The application was done for COS by the consulting firm’s attorney.
I am not sure what happens in the following cases, hope you have some answers!
Case 1: –
The consultant’s H1B is not yet approved. My L1b company asks me to return back and I have to leave US border.
Can I change the COS to a consular petition AFTER leaving US? Or does it have to be done when I am still inside US borders?
Case 2: –
The consultant’s H1B gets approved say in July. The l1B company asks me to return in August.
What happens now? I left the border before H1B was ‘active’ on 1st Oct. Can I ask for the COS of the H1 to be changed to consular petition after I leave the border? Or does it have to be before leaving US?
Baba,
1. Your H-1 will automatically be changed to consular processing once you leave US while it is still pending. You will have to go for H-1 visa stamping and then return to US on stamped visa.
2. Even here, you can still go for H-1 visa stamping and then return to US on stamped H-1 visa.
Let me know if you have any other questions.
Hello Saurabh,
While L2 – EAD is applied and is in process, can I travel outside US and come back when the EAD is approved/received. Will staying out of US during the EAD process make the EAD application Void/rejected as the I94 provided with the EAD application will no longer be valid.
Appreciate your support.
Prasad,
I don’t think that you can do that. You provide your I-94 information for this processing which will change once you leave US. Check w/ an attorney about it.
Hi,
Basically i got approval of H1B in 2008 for three years but i did not move during that period in the U.S..My H1B has expired in September 2011.I am still in India and looking to transfer my H1b.
Is it possible to go on B1 and to transfer the H1B there.
Rahul
Rahul,
That will be a misuse of B-1 visa, and can result in H-1 denial. Do at the your own risk.
Saurabh,
My L1B I-94 is going to expire by 03-SEPT-2012, Meanwhile I got my H1B effective from 01-OCT-2012. I have applied L1B extension and got RFE. Is it legal to stay in US from 04-SEPT-2012 to 30-SEPT-2012 with RFE.
I have an another scenario from my company,to go with the L1B stamping in Canada for L1B. If my max off date is 3-FEB-2015 and my L1B (from Canada) is 01-JULY-2017, then which is the legal date that I can stay in US.
Thanks in Advance.
Sharan,
As the L-1 extension is still pending you can stay up to 240 days beyond I-94 expiration date. In case L-1 extension gets denied and H-1 hasn’t kicked in yet w/ COS, then you will have to leave US.
I didn’t get your other question.
Hi Saurabh,
I was working with my employer on L1B visa. My L1B visa expired in May 2012. Before that I filed L2 along with EAD. Both got approved in April 2012. Now my employer has filed H1 for me and my spouse. Her L1 and my EAD is valid till Feb 2013.
What will happen in the below case:
1: Both H1 is approved, then do we have to switch to H1 starting Oct 1 2012 ? Or can we switch after Feb 2013 ?
2: Both H1 is rejected, can we continue working on current visa. Me on EAD and my wife on L1 till Feb 2013?
3: Only her H1 is approved, can she change the status from L1 to H1 starting Oct 2012 or Feb 2013 ? If from Oct 2012, then my EAD will be void. Can I work ?
4: Only my H1 is approved, can she continue on L1 visa till Feb 2013 ?
Prakash,
1. If H-1 was filed and approved w/ COS, then it becomes effective from the approval date or Oct, whichever is later. If it was filed w/o COS or COS is denied, then you will remain on L-1/2 and will have to either enter US on stamped H-1 visa or file COS to H-1 to move to that visa status. Check w/ employer if it was filed w/ COS or not.
2. Yes
3. If she moves to H-1, then you can no longer stay and work on L-2. You will have to immediately move to your own H-1, or to H-4.
4. Yes
Do I need to send any kind of documentation to USCIS to continue working on L1B on the basis of valid i94 (after visa expiry) until my 5 year cap is reached?
Ved,
See my response to your other post on this topic.
I’m on L1B (approved on Mar 31, 2008, and entered US on Jun 01, 2008) and had a valid Visa till Sep 2010. It got extended for 2 years till Sep 2012. My company A is going to apply L1A for me when I go back to my country in Sep, 2012.
Assuming L1A is approved and valid till Jun 2014, if a second company B submits H1B petition for me in Apr 2013, what’s the likelihood that USCIS would approve the petition given that by Apr 2013, I would have completed about 5 years and only 1 year would be left for H1B expiry?
Prince,
They would process and if deemed approvable, they would approve it for a term such that your stay in US doesn’t go beyond 6 years.
My L1 expiring on Mar 2013 and an extension can be filed. But, I have a H1B 2013 filed with the same employer.
I have a confirmed travel plan to India in July. As we know, any international travel before H-1B change of status petition approval will result in abandoning the change of status portion of the H-1B petition. The USCIS would still approve the petition, but the change of status will not take effective automatically as of 10/1. Do I required to travel internationally again before my L-1 expiry to activate the H-1B, requiring you to obtain an H-1B visa stamp at a U.S. consulate or A new COS can be filed before My L1 expiry ?
If I need to travel to get H-1B stamped, Can I travel to Canada/Mexico ?
Rao,
You can either file COS from L-1 to H-1 once you return on L-1 or you can enter on stamped H-1 visa.
I am currently on L1 with company A which is valid till OCT,2012. Now Company B applied my H1 application in premium processing and it is approved with COS
and i have a scenario that company A sends me to India in July as the project is ending.
If i return on L-1 without compamy A Consent/Project assignment before Oct 1 to avoid H1 stamping Process, will it be a problem?
Hi Saurabh, Please help i need your suggestion
Jesus,
You cannot return on L-1 visa w/o A’s consent. If A doesn’t agree to your travel plans then you will have to get H-1 visa stamped and then return to US.
Dear Saurabh,
I need some clarifications from you. Kindly please help.
I am currently in L1-B visa status expiring on 7-Sep-2012. We have applied L1-B extension butr received RFE. In that mean time, Our company applied H1-B as well. They told me that, I need to travel back to india between this Sep-7-2012 and 1st-Oct-2012 for H1-B visa. but they told me to respond to RFE. if i applied RFE, and if it is approved before Sep 7th , I am legally eligible to stay in US, but if i still waiting for the decision from USCIS even after the day reached Oct1st, then also i am legally eligible to stay in US without going to india. Once Oct 1st came, then- did my H1 visa will automatically applied or not? Suppose, if i am in H1-B valid and working on, in this time if my L1-B RFE is approved means which Visa is valid for me? Does this cancelled my H1? If i am going to india, for which Visa i need to stamp? Please advice. Lot thanks for your help.
Mohamed,
Your question is not clear, but I will give a general response:
1. As the L-1 extension has been filed, you can legally continue to stay in US beyond L-1 I-94 expiration date (at most 240 days). If L-1 extension gets denied then you have to leave US ASAP
2. If H-1 gets approved followed by L-1 approval (and you are still in US), then your final status would be the petition that got approved later
3. If H-1 and L-1 gets approved and you are outside of US (order doesn’t matter), then you can go for either stamping depending upon what visa you want to return to US on.
Thanks Saurabh,
I recently received my H1-Approval from USCIS. But my current L1-B visa is expiring on Sep10th 2012. While we applied L1-B extension, I received RFE. My company is responding L1-B extension RFE by this week to cover the dates from Sep 11th to Oct 1st if RFE is approved. If RFE is approved, then which visa is my Valid visa legally here. H1 or L1-B? I am planning to go to india by december 2012, while i coming back, which visa i have to stamp and once i back here what visa is the legal to work. Can i stamp H1-b in india instead Approved L1-B stamping? Please advice.
Thanks,
Mohammed,
If L-1 gets approved prior to Oct 1, then you will be on L-1 until Sep 30th and on H-1 from Oct 1 based on H-1 COS approval. Check w/ your attorney as well.
If you want to return and work on H-1 then you need to go for H-1 stamping else go for L-1 visa stamping.
Hi Saurabh,
I have a H1 which got filed in 2008 and I worked on that H1 for 1 year and then relocated to India. The H1 expired in 2011. I understand we can still go for a H1 transfer and it doesn’t fall under the cap. Now my company wants to file L1 for me. Can you please let me know what will happen to my H1 if the L1 gets filed?
Regards,
Kavita
Kavita,
Nothing will happen to your H-1. It can still be used in future for H-1 transfer.
Hi,
Hi Saurabh,
I had an H1 which expired in 2008, but I did not travel on the said Visa. After that I had an L1 applied for, on which I travelled in 2010. Right now I am in the US on L1 visa working with company A, valid till March 2013. Now can company B apply for an H1 on premium processing and have me work on the new H1 this year? If so what would be the date to start work, would it be 1st Oct 2012 or will be from date of issue of H1?
Thank you
Sherin,
B can file a cap-exempt petition for you along w/ COS from L-1 to H-1. You can start working on H-1 as soon as the COS gets approved and don’t need to wait for Oct 1 (unless the employer puts in a future date in the application).
Hi Saurabh,
My case is bit typical. I went to UK on student visa in 2005 Oct and returned back in Sep 2006 due to personal reason. After that i dint go back again. Recently i met one of my freind’s who stayed with me in UK. He told me that his friend who sayed with us in UK had taken a photo copy of my passport with out my knowledge. After i returned he had taken loans and bought electronic goods. Now im going to apply for H4 as my wife is in US. My passport is expired and i have a new one. Will it create any problem in getting the visa as my expired passport has my visa. Please suggest as im in confused status now.
Hemanth,
I don’t think it will cause an issue during stamping. But you do need to take care of the UK issue in the long run.
Hi, I am going for the H4 visa interview and along with my wife who will be the prmiary applicant. I had a passport which was damaged and got a new one. Do i need to carry the damaged passport to the consulate for H4? If yes, it have couple of pages missing in that will that make an issue?
Rajesh,
See my response to your other post on this topic.
Hi Saurabh,
My L1B blanket petition expires on 1st July 2012 (initial 3 years). My I94 is till July 2015. My company wanted to shift me to H1B this year due to L1 extension denials, but missed the Cap. Now my company wants to start my GC processing and then apply for H1B next year. They are not filing L1 extension now as i can work on the basis of my I94. My questions are:
1. Can they file GC this year when i do not have an approved petition in hand neither L1 or H1?
2. Even if GC is started, then will it effect the GC process if H1B is filed next year and my petition is approved?
Please suggest some solution here as i wanted to start my GC next year after i would have got my H1B petition this year. But this year they missed the Cap.
Thanks
AM,
1. Yes
2. It will not as GC is for a future employment and not current one.
Hi Saurabh,
Thanks for the quick reply. I had one more question on GC processing. Is it true that while on L1B, GC can be filed in EB2 category. I have an engineering degree and MBA from India and no studies in USA. I do not hold a managerial position.
Thanks
AM,
For EB-2 the person and the offered job needs to require at least a US Masters degree or Bachelors + 5 years of work experience (not including experience gained at sponsoring employer). If the offered L-1 job and your profile matches those conditions, then you are eligible for EB-2.
Hello Saurav,
I am at this moment on L1A visa at company X. It will expire on AUG’2014(7 yrs will be completed).
Company Y has alreday filed my H1B. As per the company Y, my H1B six year quota will expire around on JUL’2013. That is why they started my GC also. Company Y is very liberal about my joining.
My question:
How far my GC processing can be done legally by company Y without my joining to that company(Y)? Can they process I-140 without my joining ?
What can be the safest time to join the company Y?
BAS,
I think they can file I-140 as well for you (but not 100% sure though). You can join them once I-140 has been approved so that they can file for subsequent H-1 extensions for you.
Than you Saurav for quick response. Just one more query:
The company Y filed my H1B with COS. I got the receipt number. How do I know from which date my L1A will be no longer valid ?
BAS,
Your employer would have entered a desired start date (earliest it can be is Oct 1). USCIS will approve COS effective from that date unless processing goes beyond that date. In the approval notice, attached I-94 will have effective date, and H-1 would be valid from that date. This means L-1A status will cease to exist from that date.
Thank you Saurav.
As per my H1B receipt notice, it is written as follows:
CASE TYPE: I129 Petition for a Non ImmigrantWorker.
Does it mean that my H1B filed without COS?
BAS,
That doesn’t tell whether it was filed w/ COS or w/o. Check w/ your employer/attorney as this information would be present in the I-129 application they would have filed.
Hi,
My question: I am on L1 B, which has validity upto 30th Nov 2011, But the I-94 validity is upto 12th March 2014. Arrived at US on 12 th March 2011. Now I am coming back to india on 13th June 2012 for my marriage and want to return US within 3-4 weeks. My company has applied for re-issuance of L1-B Visa. I will appear the interview before marriage. Is it fresh L1-B stamping or renewal of L1B visa? If it is renewal, then what will be the chance of getting this visa extension?
Thanks in advance,
Ashok
Ashok Pradhan,
This will be a renewal. Visa stamping is always subject to delays and rejections. Chances of approval vary from case to case.
Hi,
I am currently on L1 with company A which is valid till Jan,2013. Now Company B applied my H1 application in premium processing and i am waiting on the receipt.And i have a scenario that company A sends me to India in July as the project is ending. My questions are:
1. If i applies COS (date as October 1st) also before July and its approved before i leave to India. Is my l1 is no more valid from October 1st and i should go for stamping in india and then enter USA. Is my understanding is correct?
2. if i don’t apply for COS and leaves to India , I should enter USA either by getting my H1 stamped or enter on L1 and then apply COS. Please give your inputs on this.
Also can you please suggest me which way should i choose my situation?
Appreciate your help on giving your suggestions based on your experience.
Mohan,
1. If you leave US after your H-1 COS gets approved, then you will have two options:
– return on L-1A prior to Oct 1 and still be on H-1 from Oct 1. You can do this only if your L-1 employer supports your return to US
– go for H-1 visa stamping and then return to US on H-1 visa around Oct 1 (earliest being Sep 20)
2. Your H-1 has already been applied either w/ COS or w/o COS. If it was applied w/ COS, you cannot change it to w/o COS. So you should check w/ H-1 employer what option was used when filing H-1 petition
I am currently on L1 visa with my current company. I tried for a job change and the offering company has applied for my H1 recently. Some how, now I am not willing to join the new company and I want to continue with my current company.
Questions:
1) If my H1B is approved, will I loose the eligibility to work on my current L1B visa ?
2) Can I go ahead and ask my offering (new) company to withdraw my H1b Filing, as still my H1B is not approved. If yes, will they allow me do do so ?
3) If I will ask my offering (new) company to withdraw my H1B Filing, do I need to pay any amount to them as compensation?
4) If my new employer agrees to withdraw my H1B application from USCIS, in this case what will be the impact on my current L1B. Can I still work using it.
Anshu,
Refer my response here for 1st 3 questions.
4. It will not impact your current L-1 in case of withdrawal.
Hi,
I am on L1 Visa, and my wife is on L2-EAD.
She is applying for H1 Visa.
So will my VISA status be changing to H4?? or will I remain on L1 VISA.
Krishna,
You can remain on L-1 visa and no need to change to H-4. Ensure that you were not included as dependent in her filing.
Hi Saurabh,
I got my H1B petition(Normal filling) got filed on April 26 2012, to my surprise the petition got approved on May 18th 2012. I have received the I-797B notice mentioning the employment start date as Oct 1st 2012 till Oct 1st 2013. As I learnt from your site that the earliest stamping date would be July 1st 2012.
Question 1:
I want to go for stamping as early as possible(in July first week), but I am worried, if I go for stamping in early July will the consulate consider this as too ealry stamping for 2013 cap and reject my VISA?
Question 2:
My assignment in US is for 2 years and my wife wants to accompany me for only 6months(starting from May 2013). My wife has a valid B1 visa till Oct 1st 2020. Shall I file H4 for my wife or she can still travel with me on her exisitng B1 visa?
Thanks,
Sachin
Sachin,
1. It should not be an issue. Even the VFS site says that the person can apply for visa interview at most 90 days prior to start date.
2. I would suggest she goes for H-4 visa stamping along w/ you. She would be granted H-4 for the same term as your H-1. Later, it would be up to her when to enter US and how long to stay. I would suggest against using B-1 visa which is meant for a different purpose and can cause issue in future if it is used in lieu of H-4 visa.
I am currently on L1 visa with my current company. I tried for a job change and the offering company has applied for my H1 recently. Some how I am not willing to join the new company and I want to continue with my current company.
Questions:
1) If my H1B is approved, will I loose the eligibility to work on my current L1B visa ?
2) Can I go ahead and ask my offering (new) company to withdraw my H1b Filing, as still my H1b is not approved. If yes, will they allow me do do so ?
3) If I will ask my offering (new) company to withdraw my H1b Filing, do I need to pay any amount to them as compensation ?
pls reply ASAP. Thanks.
SJ,
1. You need to find out if your H-1 was applied w/ COS or not. If it was applied w/ COS and same gets approved, then you will have to start working on H-1 from COS approval date (typically Oct 1). If not, then you can continue working on L-1
2. Yes, you can ask them to withdraw the petition. As the filing fees is not returned in case of withdrawal, you will have to figure out how the companies reacts to the financial hit.
3. Legally, companies are required to pay for the H-1 filing fees. They cannot demand those fees from you, but they can ask for attorney fees.
Another option is to let the H-1 get processed. If it gets denied, you don’t need to worry. If it gets approved, then you can travel outside of US and return on stamped L-1 visa after Oct 1 to continue on L-1 visa. Your H-1 will become kind of dormant and you can go to H-1 in future.
Hi saurabh,
I really appreciate your answers and patience to answer repeated questions.
I have below questions:
Right now I am in India and working for a Indian company. I have applied for H1B from another company in USA a week back. My current company might file for L1 soon in a month time and I might have to fly in July/August. I was in USA on L1 during 2009 and 2010 for 2 years and travel back to India and stayed here 1.5 yrs by now.
1. Once my current company files L1, does it impact H1 process?
2. Does the H1 filing already done is going to impact my L1 processing?
3. If every thing goes well and L1 is approved and I travel to USA by Aug and H1B is also approved by Oct then lwhat are the steps to swith to H1 status and work for another company?
4. Coninutions to Step 3 – What are the chances I can continue in the same company and ask company to change my sttaus from L1 to H1?
5. Can I continue on L1 for one year (till Oct 2013) and later change the status to H1 and work for another company?
6. if I resign on L1, how many months my current company can hold me, in India the duration is 3 months?
What are the chances my current company can distrub my movement from L1 to H1 (some other company)?
I hope you will answer my questions.
Regards,
Yogi
Hi Yogi,
Below are my response on your questions.
1. Once my current company files L1, does it impact H1 process?
Ans: No it will not impact
2. Does the H1 filing already done is going to impact my L1 processing?
Ans: No impact
3. If every thing goes well and L1 is approved and I travel to USA by Aug and H1B is also approved by Oct then lwhat are the steps to swith to H1 status and work for another company?
Ans: You need to ask your H1 to file some COS from L1 to H1. Saurabh might get more clarification on this.
4. Coninutions to Step 3 – What are the chances I can continue in the same company and ask company to change my sttaus from L1 to H1?
Ans: I think this might no be possible as H1 for FY2012 is going to over but you can ask your current company to file ur H1 for FY2013 that can be happen after April2013. Saurabh correct me here.
5. Can I continue on L1 for one year (till Oct 2013) and later change the status to H1 and work for another company?
Ans: yes you can do that
6. if I resign on L1, how many months my current company can hold me, in India the duration is 3 months?
Ans: only 2 weeks as per the US rules.
What are the chances my current company can distrub my movement from L1 to H1 (some other company)?
Ans: I dont think they can do anythig.
Saurabh, Correct me if m wrong in any of the answer.
thanks
Hi J,
Thanks for the reply.
I got the clarifications to all questions and still need more clarity on the Below ones:
4. I am asking about using the H1 applied right now by the new company and ask my current company after traveling on L1 to USA to use my H1 if it is approved.
5. My new company which filed H1 mentioned that they need to run the pay roll at least once in the first 3 months after my H1 is approved. That’s the reason I am checking the possibility to continue on L1 for one year even after my H1 is approved. Please clarify on this.
Thank you very much once again for answering my questions.
Regards,
Yogi
Yogi,
Saurabh is the right person to answer your last two questions.
Thanks
Yogi,
In addition to what J said:
3. Yes, COS needs to be filed from L-1 to H-1. The other option is that you leave US, get H-1 visa stamped and then enter US on H-1 visa
4. Once your other H-1 petition is approved, you are eligible for cap-exempt H-1 and are no longer subject to cap. So your current employer can file cap-exempt H-1 petition for you along w/ COS, and you can start working for them once COS gets approved. This can also be done by any other employer beside your H-1 and L-1 employers
5. As long as your status is L-1, your H-1 doesn’t need to run your payroll. You need to get paid on H-1 only when your status in US is H-1. Once (3) gets done, you will be on H-1 status and the H-1 employer will have to pay your regular salary (not once every 3 months, but every month).
6. You will have to check w/ your company. Usually the employment is at will, but you will have to check your specific policies w/ your company.
Hi,
I am currently on L1 and trying to move to H1. A bit late I know. My question is related to LCA.
1) I have heard there is a concept of “open” LCAs. What is LCA tied to? One of the consultants told me that he has LCAs and can use it to file my H1. No need to wait to get LCA. Is that valid?
2) Another consultant told me that he has an LCA open BUT it is from H1B to H1B transfer, not for L1 to H1. Is there a different LCA for L1 to H1 transfer?
If you can verify this, it would help me immensely.
Thanks
Aalok
Alok,
1. He can use a previous LCA if:
– it was filed in past 6 months
– approved for same location you are being hired for
– approved for same position you are being hired for
– has not been used for another H-1 petition
2. They do not have separate LCAs. As long as LCA satisfies the conditions mentioned in (1) it can be used for either. LCA has no reference to current visa status of the beneficiary
Thanks a lot for your reply. They used an existing LCA but don’t know if everything got done in time as my H1B was filed today. If they don’t stop accepting applications till Wednesday, I should be good.
I was just going through the questions above. Looks like if I get my H1B approve, I can still continue to work on L1B even after October as long as I go out of country and enter on L1B again AFTER Oct 1st?
You said that H1B goes into dormant state at that time. How would I start working on that H1B at a later stage? Do I need to join back the same company which filed for my H1?
Thanks,
Aalok
Aalok,
That is correct about continuing to work on L-1. If you want to go to H-1, then:
– enter US on stamped H-1 visa
– file COS from L-1 to H-1 for an employer who already has an approved petition for you
– file COS from L-1 to H-1 and cap-exempt H-1 petition for an employer who doesn’t have an approved petition for you
Hello,
My L1B visa got expired last month
(May) but I have I-94 till May 2013.
So as of now I’m staying in US with I94.
My Employer is not processing the renewal as I have still have valid I94 and they want to apply for visa renewal once I visit India.
I heard that staying in US in I94 (after Visa expiration) and getting the
next visa renewal is tough and max possibility is to get rejected when I apply for renewal from India?
Is this true?
Ayan,
On L-1 blanket, one can continue to stay and work on the basis of I-94. The visa stamp in the passport can very well expire and you are not impacted as long as you are inside US.
L-1s are getting tough in generate irrespective of whether you have stayed on the basis of I-94 or not.
Thank you Saurabh,
Could you please let me know if I can go for an L1 to H1 transfer during next renewal period?
Also can my Employer go for apply for GC direclty from L1B once I get the renewal?
Thank you
Ayan
Ayan,
Yes, GC can be filed even when one is on L-1. When the new H-1 quota opens, an employer can file cap-subject H-1 petition for you.
Hi Saurabh,
I am in the USA on a L1B VISA which expired in Jan 2012. L1B Extension was declined in April 2012. My I-94 is valid till August 2014.
Questions:
1) Can I still get a L1 to H1 transfer or will it come under a new H1B filing?
2) In case of L1 to H1 Transfer, will I still come under the H1B Cap?
I have couple of job interviews lined up and one H1B filing offer and wanted to know if I can still wait or just get it done right away.
Thanks,
MP
MP,
1. Yes it can be applied, and it will be subject to cap.
2. Subject to cap as you didn’t have any H-1 in the past.
You may be out of time for this fiscal year as even the LCA is yet to be filed.
Hi Saurabh,
I have a question on L1 Visa. I am currently in US on L1 visa which is valid till 2013. I am going to India soon and planning to join a different company. I want to know:
a. Do i need to get a new L-1 visa if the company decides to send me to USA?
b. If yes, the company can only apply for L-1 visa after one year (as only after one year of employment L-1 can be processed)?
Regards
Arthur
Arthur,
1. Yes, L-1 visa is company specific. So if the new employer wants to send you to US on L-1, they will have to apply for a new L-1 visa
2. Yes, that is correct
Thanks Saurabh. Is the duration that i have already spent in US also count towards the 6 yrs of L1?
Regards
Arthur
Arthur,
If you stay outside of US for one year, then your clock is reset and previous stay is not counted.
Thanks. You surely have a good knowledge of the Visas.
Hi
I have a specific question around it
I came to USA in sept 2005 and left on Nov 1 st 2008
I returned back on Nov 2nd 2009.
1) I just wanted to confirm that the clock it reset for me
2) I am planning to apply h1 this year and I should get it for 2 + years
Ankolaravi,
If you didn’t go through the cap again when returning in 2009, then your clock has not been reset. It is reset only when both of the following conditions are met:
1. You stay outside US for more than 1 year
2. You go through the cap again
Hi,
Can you please let me know the chances of making into h1b 2013 quota, if the filling happens before friday. Thanks
Som,
If the H-1 petition (i.e. I-129) reaches USCIS by Friday, then you have a chance of making through the cap.
Hi Saurabh,
I found this forum very relevant to the problem that I am currently having. I am currently in India and holds L1B visa valida till 03-Aug-12. I am planning to travel on 7-July-12 for an assignment. My company has already filed H1 petition (result pending), through which earliest possible travel date is Oct’12. The current plan is to travel to US on 7-July-12 with L1B visa and file for L1B-extension there. The L1B-extension result may come by September. I have the following queries related to same:
(a) If L1B-extension is approved (and H1B petition is also approved), can I stay in US on L1B. Will that cancel my H1B petition.
(b) If L1B-extension is rejected, the result may come by September (and H1 petition is approved), do I have to come out of US (India, Canada, or Mexico) for my status change to H1.
(c) In the above case b, do I have to get H1 stamped or I can continue on the H1 petition approval in US.
Thanks in advance for your help.
Just to add more information to above case. The H1 is filed without COS.
Mayank,
1. They will not cancel the H-1 petition. It will remain dormant, and you can move to H-1 status in future by filing COS or getting H-1 visa stamped
2. You will be receiving an I-94 when you enter US. If that I-94 is still valid, then you can file COS from L-1 to H-1. If that I-94 expires by the time L-1 is denied, then you should leave US and enter after getting H-1 or L-1 visa stamped.
3. Refer (2)
Hi Saurabh,
As always thanks for your prompt reply. That eases a lot of worry. Posting some more addendum queries:
(a) Generally the I-94 will be till Visa expiry. Is there any way, to tell at Port of Entry (POE) to give I-94 more than visa expiry. I noticed it is random as some associates got it more than 2 years, but some got only till visa expiry.
(b) I can play my bet on I-94 validity (and file of COS from L1 to H1). In that case, what will be the cost of COS?
Hi Saurabh,
Sorry, getting queries based on many permutations.
(c) You mentioned in answer 2 above “If that I-94 expires by the time L-1 is denied, then you should leave US and enter after getting H-1 or L-1 visa stamped.”. The query is if L-1 extension is either filed and decision pending, or L1 extension is RFE, during that interim period, can COS be filed without travelling out of US>
Mayank,
1. In case of L-1, they generally issue I-94 for 3 years from the entry date. It is not a rule but a general guideline followed by CBP officers.
2. COS would cost around $325.00 not including attorney fees
3. COS can only be filed if the I-94 is valid. So if L-1 extension is in xxx stage and your current I-94 expires, then COS cannot be filed.
Hi Saurabh,
I am currently in US with my family on L1 – B visa (Initial 3 years) which is expiring on 23-Sep-2012. My company is applying an H1 B visa for me. Now my question is that if the H1 – B visa is approved, it would be valid only from 1st Oct 2012, so here are some of my questions:
1> Do I have to go out of country between 23-Sep-2012 to 1st Oct 2012.? Is there a way to avoid it?
2> Do I have to go to my home country to get my H1 Visa Stamped or can I go to a nearby country like Canada and stamp it there? ( Note: I have been working here in US on L1 since Oct-2009)
Thanks a lot for your response in advance!
Vinay,
1. I think you can stay as it is for less than 10 days. A person is allowed to enter US on stamped H-1 visa at most 10 days prior to H-1 start date. So it should be ok to stay in US b/w Sep 23 and Oct 1. You can check w/ your attorney as well
2. As this is your first H-1 stamping and assuming you have not done Masters in US, it is advisable to go to home country for visa stamping. If you go to CA or MX, make sure to have contingency plans
Saurabh,
Thanks for your quick reply!!
I have one more question. Would I be able to do a COS instead of mandatorily getting the VISA stamped by leaving the country by 23rd Sept? Would I have to mandatorily leave the country on 23rd-Sep-2012?
Thanks for your time. Really appreciate it!
Regards,
Vinay
Vinay,
Check w/ your employer if they are filing H-1 petition w/ COS. My above answer (in previous post) is based on assumption that H-1 is filed and approved w/ COS.
Hi Sourav,
My L1B Extension was rejected on 14-Feb-2012 and I have to come back India.
Can my Company apply a Fresh L1B for the same position/Project? Is there any waiting time?
I heard one has to wait minimum 6 months to apply fresh L1B? Is that correct?
Thanks
Subrata
Subrata,
Yes, they can file L-1 for you for same position/project. However, unless the original rejection reasons are addressed, the new one may also meet the same fate. I don’t know of any wait time, but your employer may want to wait as their own internal policy.
Hi,
1) My Husband’s L1 is valid till August 2013.So when should he apply for h1?
2 ) I am on L2 EAD and currently working,My L2 EAD is valid till June 2013.When i asked my employer for H1 filing they told me to apply in next year quota but as per i know if i do so i won’t be able to work from June till 1st October after my EAD expiration.
Please let us know when we should file for H1 to be at a safer side.
Thanks,
Iti
Iti,
1. He can apply for H-1 anytime when there is an employer ready to file H-1, and the quota is open. Quota for this year is about to end, and next quota will open in April 2013
2. Yes, you cannot work b/w June and Oct. If the L-1 employer files for your husband’s L-1 extension and it gets approved, then you can use it to get EAD extension and work until Oct (when H-1 approval will kick-in).
Hi Saurabh,
I really appreciate the way you maintain the site and the way you answer all questions with so much of patience from bottom of my heart.
Currently I am on L1B extension and I will finish my 5 years term on this September 4th(I am here from 2007 without any break and all my 5 years will be finished). My company has now applied for H1B on June 1st saying that I can work on H1B(if approved) for the same company from Oct 1st.
Questions:
1) Do I need to go back to India on or before Sept 4th and return only after Oct 1st with stamped H1B.
2) As I am reading on some of the other posts, Can I return on Sept 20th although it is the same employer I will be working for.
3) It is mentioned in my petition that my project duration will be for 2 years. If my H1B is approved now, will it be approved for 2 years(as mentioned in the project duration) or just 1 year(since I have already stayed here for 5 years) or 3 years(just like any other new H1B petition).
4) In case if I get it for only 1 year starting from Oct 1st, will I have enough time to change the company and transfer this H1B to the new company and will the new company have enough time to start my GC processing(my current company will not apply for GC).
5) If so when is the right time to join the new company after Oct 1st and when is the correct time for them to start my GC process.
6) If they start the GC process, for how long(or which phase of GC process) do I need to stick with them(just EB2 or EB3) and for how long I cannot go to India for a vacation.
7) In the current scenario how long it takes for me to receive the receipt nbr for my H1B application and how long do you think it will take to know the result if it is applied under normal processing.
I know I have asked too many but living with all these questions for more than a year now and I would be really thankful to you if you can answer all these questions.
Thanks
Karthik
Karthik,
1. IMO, you should go back as you will be completing 5 years on L-1 in US on that date, and your H-1 won’t start until Oct 1
2. Yes, you can return on Sep 20th on stamped H-1 visa. You cannot return on L-1, but will have to get H-1 visa stamped and then return on that visa
3. Most likely they will approve it for 1 year. In case they approve it for 2 years, that will be a mistake on USCIS part and you should not use that 2nd year. Even though it will be USCIS’s mistake, but if you make use of that 2nd year you will liable for consequences.
4. You may not have enough time. For extensions beyond 6th year, either PERM or I-140 should be pending for 365 days or I-140 should be approved. As GC process requires steps prior to PERM filing, you may not be able to satisfy these criteria. However, you will still be able to change employers
5. Refer (4)
6. You cannot leave US while your PERM is processing. Prior and after that processing, you can leave US. One shouldn’t leave the GC filing employer until I-140 gets approved. Thereafter you can move to another employer and port your priority dates (based on certain conditions)
7. Receipt numbers are being received within 60 days these days, and the process itself is taking 2-6 months under regular processing.
Hi Saurabh,
Thanks for your help always.
– I am currently on L-1b and am thinking of switching to H-1b and find a job at a different firm starting October 1st this year. I will start looking for a job soon. I have came to US 1.5 years ago and have 1.5 years left on L1 (which after that is again extendable I assume). I was told that since I already have a L-1b, switching to H-1b won’t be a big cost for the new firm to sponsor me – probably around 1,000-1,500 USD. Is this accurate as a ball park figure? If yes, I think the new firm would be more willing to cover the costs. I guess the cost is more like 7k-15k if it is a brand new H-1b.
– I am thinking of trying to negotiate with the new firm to immediately start my greencard process as well under EB-2, once I get my H-1b and start working with them. I guess there are no legal restrictions that would prevent this from happening as long as the new firm is willing to sponsor. Could you confirm please.
Again I can’t thank enough really for maintaining this awesome site!
Best Regards.
Abhishek,
1. Irrespective of whether you are on L-1 or not, the cost is the same. It varies from around 2000-4000 USD depending upon employer size and number/percentage of employees on H-1 and L-1
2. They can apply for GC process. However, lot of companies wait for at least 6 months before applying for GC. Reason being USCIS/DOL can question how they know you are worth the position being offered to you. When you have never worked for them, it is difficult to provide answer to that question. However, if your employer/attorney is ready to provide to that potential audit query, then they can go ahead and file GC for you.
Thanks mate!
Hi Sourabh,
My L1B extension is going on .I got an RFE and it is in progress.
Meanwhile i am trying to apply a new H1B from a different employer.
Does this effect my L1B extension?? Is both are dependent??
Thanks
Aks,
H-1 filing will not effect L-1 extension. Do you have a valid I-94? If not, then H-1 may result in RFE asking for confirmation of L-1 extension (which would issue a new I-94).
I have a valid I-94 till 2014.One more question that the period filing is COS is maximum by december provided the H1B got approves without COS and if we will not switch to payroll of H1B employer leaving my L1B then my H1B get void after december(i.e max within 3 month we need to file COS fo approved H1B )
Aks,
You need to join the H-1 employer from COS approval date. So if COS approval date is mentioned as Nov 1, then you need to join H-1 employer from that date. If it gets approved w/o COS, then you can continue to work for L-1 employer as per your current L-1 documents. Later, you can file COS from L-1 to H-1 or enter US on stamped H-1 visa. This can be done as long as H-1 petition is still valid and the H-1 employer still intents to hire you.
How long an H1B petiton is valid??is it something fixed or depending upon uscis or and employer??
One more question..Is there any chance of getting COS from L1B to H1B getting rejected if yes is there any pobablity??
Aks,
Validity depends upon what employer requests and what USCIS seems appropriate.
Yes, there is a chance. Probability of this happening varies from case to case.
Hi Sourabh,
One more question We had applied LCA today and today i saw the visa cap count is 55600 out of 65K.My question is what if our application reach after the quota gets exhausted and also in this count lot of petition gets rejected and also while in VISA stamping it will rejected .So keeping that in mind does our application will be in pipeline which will get processed after this number comes up.
In your opinion will our application will reach on time in quota provided i had applied for LCA on june 4th 2012.
Thanks in Advance
Aks,
They use historical data to factor in the rejection count and accept the petitions accordingly. I have never seen them publishing a notice asking for more petitions once the cap has been reached. So it happens implicitly, and one should not rely on those counts.
If LCA is filed on June 4th, then it may approved by next Wednesday and you may still be able to make through the cap (50-50 probability though). Next count update will give more clarity.
USCIS Link
In the above link it says we can file Temporary H-1B Petition without DOL’s Certified Labor Condition Applications (LCAs).Is it feasible??
can we file H1B application without LCA so that it will go into the quota and later on we will file the LCA.
thanks in advance
Aks,
Because of a system error, your comment is not showing up related to the link. Anyways, here is my response – that was put in place temporarily in 2009-10 when there was a considerable delay at DOL in approving LCAs. It is no longer in place.
Thanks again..
One last question ..can we bypass the LCA and file H1B without it and later will do the LCA.
in short is there any way to file H1B with LCA in pending state.
Aks,
LCA is a pre-requisite to H-1 filing. It cannot be bypassed.
Hi Saurabh,
I’m on L1-B (Blanket) Visa and another employer is willing to file H1.
1)I understand that if COS from L1 to H1 is applied then I will have to join the new employer from Oct 1 once H1 is approved; If COS is not approved then I can continue with my present employer on L1. (Please confirm)
2)I want to understand how a new H1 without COS would work.
3)If a H1 without COS is applied and it is approved; Would I need to file for amendment from L1 to H1? If so, when should that be done? (After November?)
4)If H1 without COS is approved but Amendmend from L1 to H1 is rejected -> What would be my status? Would there be any implications to current L1?
5)If H1 Without COS is not approved; can I continue to work on L1 with my present employer?
Thanks in Advance!
Sri,
1. Correct
2. You will remain on L-1 status even after Oct 1. In order to start working on H-1, you will either have to file COS from L-1 to H-1, or go out of US and return on stamped H-1 visa
3. Yes, COS can be filed in Nov or later (as long as the H-1 petition is valid)
4. You will remain on L-1 status if COS is denied
5. Yes
Thank you Saurabh!
Hi Saurabh,
I am working with company A in L1 visa and applied H1 b(COS) in May 2012 with Company B.
I am planning to go for vacation in the month of August. I have two questions here:
1. Before I go for vacation to India, If my H1 approved in COS status , Can I comeback in L1 visa before Oct1st? If thats the case what will happen to the new I94 card (through L1 visa If I go to india and come back before Oct 1st ). I hope I will get one I 94 card effective Oct 1st with H1 COS approved. I heard that If I travel back in L1 before Oct 1st, it will invalidate the H1 COS I-94. Please confirm.
2. My wife is currently in L2 visa and she already left to India. I have applied H4 for my wife as well with COS. When my wife returns back to USA, will her L2 I-94 invalidate the H4 I-94 (if at all my H1 approved before she comes back). Please explain.
Thanks in Advance.
Rajesh
Rajesh,
1. In this case, you will receive a new I-94 on L-1 when returning to US. However, as your COS was approved for a future date before you left US, the H-1 I-94 will automatically kick-in from Oct 1. When leaving US, you should drop the I-94 you received when you initially entered US on L-1, and keep the H-1 I-94 w/ you. This will become active from Oct 1, and the one you receive while returning to US will no longer be active from Oct 1
2. As she has left US, her COS is abandoned. So she will have to return on L-2 and then file COS from L-2 to H-4, or go for H-4 visa stamping and then return on H-4 visa. She can return on H-4 visa only after Sep 20th.
You can discuss this w/ your attorney as well.
Hi,
I am on L1B visa which expires on June end (i-94 valid till 2013 and my husband is on H1B visa. My company is not apllying for my extension. I plan to stay in US. My husband’s employer is ready to apply H4 for me. And another company is ready to apply H1. Since my L1B is expiring, will i be able to stay if i apply for H1B and the approval doesnt come before my L1 expires. What are the option that i have?
Could you please suggest which is the best option for me.
Looking forward to your reply.
Thanks
Smitha,
I assume you are on L-1 blanket, and that the visa stamp in the passport is expiring in June 2013. In that case you can continue to work on L-1 based on your I-94 validity.
Once your H-4 or H-1 COS is approved, you will be on that H status from the COS effective date, and need to start maintaining that status.
Hi Sourabh,
The L1-blanket is expiring on june, 2012 and I am leaving the company. Can I still stay on basis I-94?
Thanks
Smitha,
I don’t think you can stay on the basis of I-94 once you resign from L-1 employer.
Hi,
I am currently working on L1B Visa and my wife is on L2/EAD.
My question is:
If I find a new job and my employer is filling H1 for me. So i will be eligible to work for them starting 1st Oct.
But what will be my wife’s status ?
Will she be moved automatically to H4 or she can stay on L2 EAD?
Krishna,
Your employer will be filing H-1 for you along w/ COS. You can work for them from Oct 1 only if H-1 gets approved w/ COS. If COS is denied or not applied, then you will remain on L-1 status.
If your H-1 is filed w/ COS, then they also need to file COS for your wife from L-2 to H-4. This way, she will also move to H-4 from Oct 1. If your COS is not filed, then her COS should also not be filed.
In other words, H-4 conversion doesn’t happen automatically and needs to be filed; and her status should always go along w/ yours i.e. L-2 if you are on L-1, and H-4 if you are on H-1.
I am currently on L1B with Employer A and planning to move to Employer B who is ready to sponsor H1 for me.
1)Once Empoye B files new H1 application on premium process and aprroved let’s say by June end, will my staus will change by june end and is it legal to work with emploee A from H1 apporval date(june end) till oct15(including 15days notice period).
2)As i need to Visit India, if i go and comeback to USA on L1 before october 1st what could be implications on approved H1.
3)Iif i go to and comebak to USA on L1 after october 1st what could be implications on approved H1.
Thanks in advance.
Koul,
1. COS will be effective from Oct 1 and not from June (even if it gets approved in June). You will have to work for L-1 employer until Oct 1, and on H-1 for H-1 employer from Oct 1 onwards.
2,3 . If you travel to India after your H-1 and COS has been approved, then you can still return on L-1 visa prior to Oct 1 and still be on H-1 from Oct 1. The other option is you get your H-1 visa stamped and return to US on H-1 visa around Oct 1 (earliest return date being Sep 20 in this case). If you travel to India prior to COS approval, then you can still return on L-1 visa but you will not move to H-1 automatically from Oct 1. You need to either file COS from L-1 to H-1 or enter on stamped H-1 visa.
Hi Saurabh,
I’m currently on L1 and have applied for L1 to H1 transfer through a consulting firm.
Once i get my H1 , I’ll be eligible to work on H1 from October on-wards.
My question is can i travel to India before this October ? If yes, Will i have to get my H1 stamping done while coming back before October ? or just go & come back on H1 ?
Please please help !!
Amit,
If you travel to India after your H-1 and COS has been approved, then you can still return on L-1 visa prior to Oct 1 and still be on H-1 from Oct 1. The other option is you get your H-1 visa stamped and return to US on H-1 visa around Oct 1 (earliest return date being Sep 20 in this case).
If you travel to India prior to COS approval, then you can still return on L-1 visa but you will not move to H-1 automatically from Oct 1. You need to either file COS from L-1 to H-1 or enter on stamped H-1 visa.
I am currently on L1B VISA (last year – 5th year) with VISA stamp/expiration date of July 11, 2012. However, I have i-94 issued till May 29, 2013. I have been told that I can stay on and work for the number of days I was out of the country during this 5 year stay without applying for extension as I have a valid i-94 (advised to stay till Aug 11 as I was out for 30+ days). Is that true?
Ved,
A person on L-1 blanket can work on the basis of I-94. You can do so until you reach the cap of 5 years inside US on L-1 visa.
Thank you so much Saurabh. You are doing an excellent job.
One more query:
My company is planning to apply my PERM application (initial stages viz. recruitment process, etc. currently under process) in July, 2012 but I will have to leave the US in August, 2012 (since my 5 years on L1B is completed) and return back on Oct 1 once my H-1B kicks in. Is it ok to travel out of US during this period when PERM has been filed?
Ved,
You can leave during the initial phases of recruitment etc. However, once your PERM has been filed, it is better to continue staying in US as your I-94 information is also submitted. You can check w/ your attorney as well on this.
Hi Saurabh,
Do I need to send any kind of documentation to USCIS to continue working on L1B on the basis of valid i94 (after visa expiry) until my 5 year cap is reached?
Ved,
I don’t think you need to send any information to USCIS and can work until 5th year term is reached (on the basis of I-94). You can check w/ your attorney as well.
Hi,
I’m on L1 right now and my L1 is getting expired in July My company is not filing for extension due to rejections on L1. My wife is on L2 EAD and she has applied for L1, If her L1 gets approved I will be on L2 and will have to apply for EAD to work.
Another company is applying for my H1. If I get H1 approved, it will be in effect from 1st october.
1) Will my L2 and EAD be valid after 1st October. Will I still have an option to choose if I can work on either L2 – EAD or H1.
2) If I have to travel back to India after my L1 becomes invalid when I’m in L2, how risky is it to go for L2 stamping and come back.
Thanks and appreciate your support..
Prasad,
1. If H-1 gets approved w/ COS, then you will be on H-1 from Oct 1. If L-2 gets approved but H-1 gets denied or approved w/o COS, then you can continue to work on L-2 and EAD
2. It will depend upon the work your spouse is doing on L-1. It varies from case to case
Saurabh,
Thanks Saurabh , you might not realizing but you are doing the awesome job.
@ All,
I got my H1B Receipt Notice after 4 Week. So just an fyi….. USCIS can take 5 week to generate the Notice in Regular H1 B Transfer.
Ashutosh
Keshav,
Thanks :). Good luck w/ the processing.
Hi,
I have approved H1b from L1 with COS. From 01st I will be working onH1. My Family went to India for vacation and will be back to USA in 2nd week of Aug 12. They will be coming here on L2. I have applied H1B for me alone and it got approved with COS. I am yet to change L2 to H4 for my family. I need to apply for COS from L2 to H4 as soon as my family here in 2nd week of aug.
1. If L2 to H4 COS status is not approved by 01st Oct can they stay in USA as I will be start working on H1 (my L1 no longer valid from 01 st Oct as H1B approved with COS)?
RK,
As per USCIS, one is considered in old status until the COS gets approved. However, I think USCIS may be lenient in this case as long as the COS application has been filed. You can confirm this w/ your H-1 attorney as well.
Background :
I am working in Indian IT MNC and Presently I am deputed in USA on L1B visa. This L1B visa is going to be expire on 31st August 2012. My present employer is going to apply for my L1B extension somewhere in 1stweek of August 2012.
I am also in touch with another different employer who is ready to file my H1 visa on 1st June 2012.
Question :
The L1B extension application form has one column like “List any/all other filings filed on your behalf and currently pending at present” where the expected answer is Yes or No. Here the problem starts. If I say YES then I need to give my H1 application details and in that case my present employer will come to know that I already applied for H1 and he will not like it and he will ask me to go back to India. In short, there are chances that I can lose my present job. If I mention NO in this application form, then it is not good with USCIS because USCIS can easily track all my pending visa applications easily and they will not like it as I have given a FALSE information to them. In this case, I feel that, it might have some negative impacts on my L1 extension or H1 application. (pl. correct me if I am wrong)
You are requested to please guide me in this situation.
Even if I get H1 visa before L1 extension process, I can start my new job only from 1st Oct. 2012 whereas my I-94 & present L1 visa expires on 31st August 2012. In this case,I can stay in USA only if my L1 extension is in progress. In this way, I can stay in USA during September month based on this L1 extension case and then from 1st Oct, I can start new job on H1.
Please correct me if I am thinking in wrong direction.
Sanjay,
Is that form created by USCIS or by employer? If it is specific to your employer and not created by USCIS, then you are not required to mention H-1 petition details. Can you post the form number, and the exact question asked.
Hi Saurabh,
Thanks for your quick reply. I got the answer. There is option in that L1 extn form where they needs info about petitions i.e. GC appliaction status which is not applicable in my case.
One more question : If I get a H1 with COS (lets say start date = 1st Oct ) then is it mandatory for me to join new job on H1 visa ?
Is there any way that I can still choose to work with my present job & present employer on L1 visa (after 1st Oct). Is it possible ? if yes then do I need to inform USCIS about it ? what is the process. ( I am asking this question bcoz if h1 job pay is less than my present pay then I do not want to shift)
Sanjay,
If H-1 gets approved w/ COS, then you need to join H-1 employer from COS approval date. To continue working for L-1 employer, you either need to get H-1 filed w/o COS. The other thing you can do is travel outside of US in late Sep, and then return on stamped L-1 visa in Oct. In other words, do not be present in US on Oct 1, and return on L-1 visa afterwards. This way COS will no go into effect and you will remain on L-1.
Hello, not sure if I can ask this question here. But let me put my question.
I have an L1A visa, and I try for GC process from another company other than my Parent company, can it still go under EB1 category?
If I change for L1A to H1 to another company and that company files for GC, can it still go under EB1 category?
Appreciate your time on repsonding all our questions. Thanks!
Seelam,
It will depend upon the offered position. If the other company is also filing GC for an executive position, then you may qualify for EB-1. If the other company is filing GC for a individual contributor position, then you definitely do not qualify for EB-1. Even when going for executive position, it is not necessary that you always qualify for EB-1.