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L1 to H1B visa conversion Advantages ? L1 to H1B transfer, change of status implications in US

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

  • 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…

   

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3,257 Comments

  1. Hi shaurabh,
    finally my H1 is approved. They asked for additional documnets with 221g notice . I took time to collect it . But before I submit the docs, they called me and said it’s approved and collect it . I was surprised .

    I wanted to thank you for all your help during my visa process. Ur answers helped me a lot.

    Thnks again
    Krish

    Reply
  2. Hi Saurabh,

    Here’s my situation I am on L1-B and would be completing my 5 year period in US on this visa in Dec 2011. I am aware that I have to leave US shores for a year before I can apply for a new Visa again. Can I seek an employer who is ready to change my status from L1 to H1 so i can continue my stay in US or do I have to leave US shores for a year before starting any kind of new VISA Petition Process.

    Reply
    • The maximum time allowed on H+L is 6 years and not 5 years. So you will have to leave US at the end of 6 year term. Even if you move to H-1 now, your time will be counted against that 6 year term.

      The only way to stay in US post 6 year term is to have an employer file your GC, and your labor should be approved or have been pending for at least 6 months.

      Reply
  3. Hi,
    I had been US @ client site working for Company X from April 2006 till date . My L1B visa is expiring in March 2011 , so my company X filed a H1B premier filing as my client need me here . This H1B got approved and expires on May 2012. Now I want to stay here beyond that period for more years. And also would like to change my company as H1B permits me to do so now. What should I do so that I can stay beyond that period ? I heard that one cannot stay more than 6 years in H1B and L1B stay is included in this total L1b and H1b. That means I cannot stay in US after May 2012 when my visa expires and I need to go back as my company cannot renew my visa. What is the solution so that I can stay here beyond May 2012 and also change job if possible? Please help.
    Also, how soon can I apply to new companies? And what about them processing GC? Can I process GC on my own ? If yes, what is the cost and when should Ior the company need to do it so that I can stay back . Thanks.

    Reply
    • The only option is to have a company sponsor your green card before your 5th year. Your GC process should have reached a specific stage (i.e. either PERM should be approved or pending for more than 6 months) and only then USCIS will grant you the extension.

      GC needs to be filed by an eligible employer, and it’s not self-filed. Also, it’s not necessary that you are working for the GC sponsor, because it’s for future employment.

      Reply
  4. Hi friends,

    I am currently on L1B VISA in USA for x employer and my L1B visa will be expired Jan-2012. I’ll be sponsered H1 B thru another employer Y for 2011.

    I was just wondering if I’ll suppose get my H1B apporved petition by May-2011 then is it possible to work on L1B until end of Sep-2011 thru X employer? Since I am thinking that even if my H1B petition will be approved by may-2011 H1B visa will be valid from Oct-2011 for Y employer.

    Will L1b visa get automatically canceled for x employer if my H1B visa petition gets approved by May-2011?

    Pls note that currently I am residing in USA.

    Thanks for your response.

    Regards,

    Reply
    • If you want to do that, your employer can file the H-1B petition in April 2011 (FY 12 quota) w/ start date of Oct 2011 (along with COS). If the petition gets approved , you can still work for the L employer until the start date of H1 (in this case Oct 2011).

      If you want to apply now (FY 11 quota), then you cannot ask for Oct 2011 start date (start date can be maximum 6 months in future). The company would have to file H-1B w/o COS. Even after the petition gets approved, you can continue working for the L employer, and when you want to make the switch, either have COS filed or go out of US and get H-1B visa stamped in your passport.

      Reply
    • Yes, the company can file for the green card for a person on L1.

      I wouldn’t compare the two, as H1 can be availed immediately (or next fiscal year if quota is over), while for green card one needs to wait for at least 5-6 years (actual time depend upon the green card category and country of birth). Green card can be applied even while being on H-1B.

      What are your priorities?

      Reply
  5. Hi Gurus,
    Please help me to understand that if I am on L1 and I’ve an offer from company A who is ready to File H1 in the current 2011 CAP,which one should I prefer premium processing or regular processing esp for present cap i.e 2011 CAP only and not 2012 CAP which starts from April 1.My date of joinning will depend on date my petition gets approved.

    Reply
    • Decision to go for premium processing or not will depend upon how soon you want to get started on H1. If you want to start working on H1 ASAP, then you need to for premium processing, but if there is no such urgency then you can do w/o it.

      Having or not having premium processing will not impact whether you petition makes through the quota or not, or whether it’s approved or not.

      Reply
  6. Dear gurus,

    My petitioner filed for my L1 to H1 Change of Status. They filed for start date on 1/24/11. I already received the receipt number and expecting the decision at any time from now. I am hoping that I will receive the I-797 and I-94 on or before 1/14/11.

    My query is, can I submit resignation to L1 employer by 1/14/11? Is it possible for my L1 employer to revoke my L1 visa in the meantime? In the worst-case scenario, if L1 employer revoked it before 1/24/11, I will be out of status and so my CoS also going to be invalid.

    What should I do? Do I need to wait until 1/24/11 to submit resignation? Or do you say that the L1 employer cannot revoke the L1 visa with such narrow time frame?

    Please throw some light.

    Thanks,
    Sujit

    Reply
    • There is a considerable delay by USCIS in processing the petitions. So depending upon when your petition was filed, you may or may not receive the adjudication by 1/14.

      If you submit your resignation, your L1 employer can terminate the employment. If your H1 hasn’t arrived by then or if COS is not approved, then you will have to leave the country immediately or move to another status (like B1).

      Do you have to serve any notice period w/ your L1 employer?

      Reply
      • Yes, I need to serve notice period and I was planning to serve two weeks, if at all I can. Based on your input, I feel it is bit risky to file resignation before the H1 start date. L1 employer can either revoke the L1 visa by contacting USCIS or they can terminate my employment by asking me to go back to India. Both will have the same effect of me going out of status. CoS is something that is effective only when the person is in status. Hence, I feel it is better to avoid submit resignation before start date. I will resign after H1 start date and be with L1 for a week and then join H1 employer. Do you think that this one week of employment with L1 employer will create issues? I am aware that this is not legal however it should be ok as we need to serve atleast a week of notice on moral grounds, right?

        Reply
        • The best case scenario is to join the H1 employer from the effective date stated in the 797 (that would come along when the petition is approved). However, spending 1-2 more weeks at the L1 employer before joining the H1 employer shouldn’t be a big deal. It is something that an attorney can explain to USCIS (if the question arises).

          Safest option is to have the approval in hand, before putting in the papers at L1 employer. They might pursue you to spend few months notice period, or go back to India as per their internal policies – that’s another thing you need to keep in mind.

          Reply
          • Saurabh,

            I heard that for revoking L1 visa atleast takes 15 days for employer and generally Employers won’t do invoking L1 visa. Is it true?

          • They would have to sent the information to USCIS, w/ information when they want to terminate your services. This may take 1-2 weeks. However, you are considered out of L1 status from the day they terminate your services, not when USCIS receives the information and processes it.

            See, the employer is supposed to pay you salary until they terminate your services, not until USCIS processes the cancelation application. So you are no longer employed from the day of termination and not from the day USCIS adjudicates the application.

            They may want to avoid it to save costs, and have USCIS involved. A cheaper way out is to ask you to return to India saying that your services are no longer required in US. You can buy reasonable time saying you want to wrap up your stuff in US, but you won’t have much options.

          • Sourabh,
            I think there is no one right answer we have for this scenario we are talking about.
            Here I go again,
            I-797/I-94 received date on hand – on or before 1/18/11
            H1B start date – 1/24/11
            What ideally I need to on 1/18? If I resign and leave on 1/24/11, I will not be having the service certificate from L1 employer. If I continue with L1 emplyer, say until 1/31/11, I will be accumulating illegal employment. We may say service cert is not needed in US. But, it will be good to have especially if we need to go back to India in the future. Also, we would have huge PF money accumulated in India which we need to withdraw which again can be done only with the L1 emplyer’s help.
            Atlast, I feel that I need to take decisions based on what L1 employer say and the situation at that time. I cannot see now itself about what I need to do at that time.
            Your views?

          • That’s true. It is difficult to speculate what L1 employer would do. We can guess what they will do, but they can do an entirely different thing.

            If your COS kicks in on 1/24, but you stay w/ them until 1/31, that shouldn’t be too bad either. One week is not a big deal. I don’t think USCIS will create a fuss about one week, and it’s something that an attorney can satisfactorily answer to them. Anything more than 1-2 weeks (i.e an entire pay period), becomes difficult to explain.

            You are right – experience certificates are not needed in US, but they are nice to have when one looks for Indian employment. May be it can be substituted w/ pay slips from the last few period (to show that you were employed until this date) – but I am not sure if all Indian companies will buy this. As for PF, it is usually held w/ government or w/ another trust fund. Your company cannot stop you from accessing those funds irrespective of whether you live on good terms or not.

            Let’s wait and see what’s your COS start date is.

  7. Hi, this is a great forum. Thank you very much for your professional advice. I have 2 questions:
    1. I had H1B visa before, and then changed to F2 11 months ago. Is my new H1B petition exempt for the H1B quota?
    2. I have worked with H1B visa for 4.5 years. So my previous H1B can be only valid for 1.5 years. I would like to get another 6-year period by staying out of US for over 1 year. If the answer for question 1 is yes, can I apply for H1B exempt of the quota as a previous H1B holder, and also qualify for another 6 years by setting the effective date of the new visa after I have stayed out of US for over 1 year. Thank you in advance for your help.

    Reply
    • 1. No it won’t be subjected to cap.

      2. You will be eligible for 1.5 more years on H1. If you want to get another 6 year period, then you will have to stay outside of US for at least 1 year. Also, you will have to go through the cap again in order to get another 6 year term.

      Reply
  8. Hi ,
    I have a quick question and would be highly thankful to you for your response.

    I am on L1 Visa and have an opportunity to file up for H1b under the FY2011 CAP.Per data from USCIS dated 01/7/2011 CAP Eligible petitions reached is 58,700 .My question here is
    1)The remaining would be open till March 31st ,2011 or when the total CAP Amount is reached.
    2)I came to know that USCIS has already closed Quota for FY 2011 with 7,300 count still remaining.

    Reply
    • 1. It is open until USCIS receives those remaining petitions.
      2. I didn’t hear or read anything on USCIS website about it. I know about a case that was accepted by USCIS on Friday, last week. IMO, unless USCIS publishes the information that cap has reached, one should still be hopeful about applying in current quota.

      Reply
  9. Hi,
    I’m working for a company A on L1 Visa and looking for H1 transfer. The offers that I’ve got for my L1 to H1 transfer is by a small company B (as their full time employee) and I’ll be working for a well known Client company C as their on contract employee. My question is that how risky is to travel back to India and re enter to US if my employer is small US based company, although client is a well know one. Is the US consulate in India, rejecting H1 Visa in a such a case lately.

    Reply
    • The possible risks involved when a small consulting company applies for H1 are:
      – company credentials: USCIS wants to make sure the company is genuine, has played by the rulebook and has enough revenue to pay you the salary
      – project/client: Because small companies do not have cash reserve, USCIS expects them to have a client/project ready at the time of filing, so that they can be sure that salary will be paid from client billing

      In your case, a client/project seems to be existing. So as long as you have the client/project letter, you should be fine.

      Reply
  10. HI,
    I’m on L1 through Company A, and got my H1 COS approved through Company B during Sept’10, with immediate effect I joined company B and working for it. Now I got an offer from Company C and I wish to join company C, below is my question,….

    1. I haven’t gone to India for stamping my H1 till date, can I join the Company C directly by just getting the H1 Transfer done…..??? or do I need to go to India get the stamping done, come back to US and then go for H1 Transfer.

    2. Is it possible to do H1 transfer when the stamping is not done, as my case is COS.

    Please clarify me, I’m confused

    Reply
      • Thank you Saurabh for the reply. Company C can just perform the H1 trasnfer right? in your reply you mentioned H1 Petetion, I’m understanding this as H1 transfer, please clarify

        Reply
        • Yes, we are talking about the same thing. For H1 transfer, they have to file a new H1 petition that won’t be counted against the quota.

          Reply
  11. Hi,
    I am currently working for company ‘A’ on L1 and my wife is working for Company ‘B’ on L-2. I got H1 petition approved w/o COS for Company ‘C’. Now my wife is processing H1 with COS thru Company ‘C’. Now once her H1 is approved, I am going to do COS from L1 to H1.
    1. My H1 petition has my wife as dependent. Now for my L1 to H1 COS, only I will be changing. Does this have any impact for her H1 or my COS?
    2. Once I get COS along with I-94 I will have few days to change from L1 to H1 status.i.e. H1 will b effective after a few days later. Now if I serve notice to leave Company ‘A’ for that period, what can Company ‘A’ do legally? Can they terminate my employment without sending me back to India? Or can they cancel my L1 while I am in US (mostly they can’t do this right? They have to send me to India and do anything?). If they ask me to go to India, I can legally put all my Sick leaves to avoid the travel. So just want your opinion. Thanks.

    Reply
    • 1. It will not impact her H1. If she wants to move to H4 along w/ you, then you need to specifically apply for COS for her as well.

      2. Your H1 will kick in from the date mentioned in the I-94. Usually that date will be in the past by the time you receive the approval notice. If you need some margin, then you can ask your employer to put in a future date as the start date.

      The L1 employer can terminate your employment and ask you to go back to India. However, legally you are not required to go back to India. They can threaten to sue you and demand business losses. I doubt if they will be able to successfully sue you in US, but that doesn’t stop them from suing you in India.

      Reply
  12. Hi Saurabh,
    Glad that I read this article. Actually I wasn’t aware that H1 is better than L1.
    I have a question for you Saurabh.
    My husband is already in H1 issued by a agency A working for a company B in US. As we are Canadian PR holders, we were wondering if the same agency A can issue us a L1 visa after 1 year (because I read that for a L1 visa one most work in the same company at least for a year in the preceding 3 years). Because if we have L1 visa for 3 years, we can use these years to be counted for Canadian citizenship… hope you got my point.

    And as your article says H1 is better than L1. But will it matter when we work thru a agency… because we will be just changing companies and not the agency. So it will be like we are working for the same agency even if the job is changed.

    Would be glad to hear from you soon
    Thanks Saurabh.
    Wish u a wonderful year ahead.

    Reply
    • The criteria for L1 still holds good for you – the beneficiary of the L1 should have worked for the sponsoring company for at least 1 year outside of US.

      By agency are you referring to small consulting or body shopping or placement agencies? If yes, then there is not much difference b/w L1 and H1, at least in terms of pay. However, on H1 you still have the option of changing employers (or agencies in your case), but you don’t have any such option on L1.

      Let me know if you have any additional questions.

      Reply
  13. Hello Saurabh,
    I already asked part of the questions before, and apologize for reasking you, since I just wanted to be sure that i am asking the correct questions?

    I am working on L1B Visa for company-A in united states, I want to look for another oportunities with other comapinies say company B. My L1B visa expires in Aug’11 and I am assured that it will be extended for another 2 years ( or whatever is the maximum for L1B).
    My questions are :
    1) If I want to work for comapny B in 2011 when should I start looking for a sponser and when should the company file for my H1B?
    2) How do I find company B that will sponser my H1B Visa? (any suggestions regarding reputed consultacies etc)
    3) Will my current employer know about it while the H1B is under process or during the extension of my L1B?
    4) If my H1B gets approved how long before the L1B gets invalidated? Will I have to quit Company A’s job then and there?
    5) Can I switch companies say Company B to Company C if I have H1b or will I need all the companies I switch to process H1 everytime?

    Thanks in advance for your response
    Rahul

    Reply
    • 1. FY2011 quota is about to get over. If you apply in FY2012 quota, then earliest start date to work on H1-B is 1st Oct 2011, and for that petition needs to be filed anytime after 1st April 2011. You may also want to keep a tab on quota counts for next year, to make sure you apply before quota gets over.

      2. I don’t know any consulting companies that I can suggest. Talk to people who are on H1-B and working for consulting companies (in your office, friends etc). It’s safest to file H1 through an employer for which someone can vouch for.

      3. No, they won’t. However, there is small chance that your L1 extension gets into question if some serious queries are raised regarding your H1 (this is the scenario when both are in progress in parallel).

      4. L1 will remain valid, but if you leave the L1 employer to work for H1 employer, you may no longer be able to work for them once you stop satisfying L1 requirements.

      5. Company C needs to be file H1 petition for you. Because you will already have an approved petition from B, you will not have to worry about the quota (that’s the only difference). Your first H1 is quota dependent and has to be filed when quota is open; subsequent H1s are quota independent and can be filed anytime.

      Reply
  14. Hello,

    I am currently working in US on L1 visa.Now i want to change H1 visa.
    Is this is the right time to apply for H1 as quota will be closed in February?

    Please advice.

    Reply
        • If i apply in January 1st or 2nd week ,how is the possiblity of chances.

          what is your suggestion in applying at the end of the quota.

          is this will impact the chance of approval of visa?

          Please advice

          Reply
          • The point is that your application should reach them before the quota gets filled. If you are able to find an employer, and they are ready to prepare all the documents within next couple of weeks, then you have a chance of filing in this year’s quota. If not, then you will have to wait until next year’s quota (filed as early as Apr 1 w/ start date of Oct 1).

            From acceptance perspective, it doesn’t matter whether it is filed as Premium or not.

            Also, how late in the game is the petition filed, is not a deciding factor in the approval process.

  15. hi Saurabh,

    I have resigned for my company where I am working on L1, but they are saying I need to return to india and serve the notice period of 2 months, Otherwise they are saying that they don’t give Experience, relieving certificates.
    Also they are saying that in case if I leave without serving Notice period, they may file a case against me. I am in great dilemma as whether to continue with present L1 company or not.

    If i go back to India, my friends are telling that these days Visa stamping is becoming very difficult in india. Please advise. Thanks in advance for your advise.

    Reply
    • Experience letters and relieving certificates are not mandatory for future jobs in US. If a company asks about it, you can provide information about your colleague etc, or submit payslips and that would serve the purpose. However, during Green Card process, one may have to prove relevant experience and skill-sets. Having good rapport w/ the employer comes in handy during this situation, or you would have to check w/ your attorney if they can accept letters from colleagues.

      They cannot file a case in US, as employment is at will in US. However, they may still file a case in India.

      Visa stamping is not difficult as long as you have all the documentation including client information, project details etc.

      Reply
  16. Hello Saurabh,

    After lots of searching here and there got this website and seems like the best forum to get answers I am looking for. I am currently a L1B visa holder working for company A in USA, I want to look for opotunities with other companies.
    What are the steps i need to follow ? Do companies really take the pain and fill up H1 visas for individuals and go through all that conversion process? Are there any reputed consultancy firms you know off?

    Thanks

    Reply
    • Rahul,

      You need to find a company (consulting or otherwise) that is ready to sponsor your H1. The company needs to do the paperwork, and file the H1. If you want to start working on H1, w/o going out of the country, then the employer needs to file it along w/ COS (change of status). Otherwise, he can file the H1 w/o COS.

      Once the H1 is approved (and assuming COS is also approved), you can start working on H1. If the employer is a consulting company, then they/you need to find a project/client. If it’s a non-consulting company, then you can start working on the product etc.

      Remember, legally:
      – Your employer needs to pay for the H1 fees
      – Your employer needs to pay you all the while on H1 w/ or w/o project

      Good luck!

      Reply
  17. The H1 quota for 2010 is still open. Any one knows how long is it open? when is the latest by which my company can apply a new H1 for the quota of 2010 ?

    Reply
  18. I recently received offer for full time employment for September 2010, I’m currently on F-1. The attorney contacted said they will apply when new quota opens for 2011 in April. Can that application be processed now for a start date of septmeber. As I don’t know how long the application process will take if applied in April 2011.

    Reply
    • Sean, seems like they are applying for FY 2012 quota. The process does not take that many months…Your attorney want to take advantage of your OPT and then apply for H1B….If they apply in April 2011, You will be able to work on H1B from Oct 1st, 2011…until then you will be working on OPT.

      Reply
        • But remember that start date cannot be more than 6 months in future. So if you apply now, you can have H1 start date of up to June 2011. From your initial post it seems you want to apply now w/ start date of Sep 2011. That is not possible.

          Reply
  19. Saurabh,

    I submitted my H1B documents to USCIS on May end, Recd receipt # on June 01. But still it is in ‘Initial Review’. Why this is delaying this much time? Even I checked with my Employee, they are asking me to wait sometime.

    Reply
    • It’s almost 6 months now, and that’s a lot on the higher side. You should ask your employer to contact USCIS and ask when they expect the petition to be picked up. Other than that, there is nothing much one can do, except for to wait.

      Reply
  20. Hi Sourabh,

    I came to US on Sept, 2007 with L1B visa. My visa got renewed in Hyderad consulate this year when I went to India for vacation. So, it’s been more than 3 years on L1B. I would like to move to H1B now as my company is planning to send me back to India. What are the advantages/complications, if I move to H1B now? I am in dilemma. Please guide me.

    Thanks for your guidance in advance.

    Reply
    • You need to find a sponsoring employer for your H1. Once you have found the employer, they can file the H1 petition. USCIS will review the petition and ask for more information (if the need arises for). Once the petition is approved, you can either start working on H1 immediately (if change of status was filed and approved along w/ H1 petition), or get H1 stamped before start working on H1.

      The advantages are that you have better pay on H1 (as you can change employers and have more negotiating skills). You can even seek employment in non-traditional consulting firms (like Oracle, MSFT etc)

      The disadvantages are that you loose the safe-net you have w/ L1. If you are fired on H1, you either need to find another H1 employer ASAP or leave US and go back to India. In latter, you would have to find a new employer in India to start working again. In case of L1, if the company no longer requires you, they will send you back to India (you would still have your India job in this case). Also, USCIS has become very stringent about the H1 petitions. So you would have to do due diligence and lot of background check before finalizing an employer.

      Let me know if you have any more questions.

      Reply
  21. Hi Saurabh

    You are doing a great job
    below are my queries
    My Company A have applied for L1 visa
    1.I have 5.2 years exp in that 3 months of gap will that be problem
    2.In that I have 4 hops in that exp that this is 4th company again will this be a problem

    Thanks inadvance
    3.

    Reply
      • Hey!
        Saurabh, your reply makes sense cool, thanks a lot for that

        The question in my first company dosn’t exsist now it was running 3.5 years back now it is close (no more ) the concern is if the officier want to check the authenticity how this can happen ?
        I do have prior international travel (Non-US countries I guess this may help ) but the worries I don’t have the back ground support for my first company I worked

        Thanks in advance

        Reply
        • If they ask about the past companies, you can mention that they have closed the operations. Do you have any documents from that company – experience letter, payslips, tax form (I am forgetting the name here) or contact information of supervisor/colleague? If yes, then you can provide that information to the officer (BUT only when asked for). Otherwise also it’s not a big deal. Lot of companies close their operations, and when they are not publicly traded, it’s really difficult to gather information.

          Reply
  22. Hi
    Please find my Visa details.

    H1B was Issued on August 2007 – Expired on September 2009 (I didn’t extend the visa).
    I went back to India on August 2008 and came back to USA on June 2010 on L1B.
    L1B issued on October 2009 and valid till September 2012.

    Now I want to join new company through a H1B. I heard that the quota for 2010 is expired. My question is should I be still considered under H1B quota since I already had H1B before which had expired.

    Reply
    • Quota is still open for 2010. So you can file a new petition and get counted in the quota. Filing a new petition would allow you to have maximum possible time on H1 (as you have stayed outside of US for more than a year).

      Reply
    • You can always use your expired/Un expired H1B petition to further extend or do a Change of Status (from L1B to H1B) anytime. You will not be counted against Quota. I have done in 2008 with an expired H1B petition of 2003.

      Thanks

      Reply
      • Hi Anshuman,

        In this case to transfer my expired H1B , do i need to have a job with a new employer ?

        my H1 expired in 2009 , I m in US again on L1 with the same company.

        Thanks & Regards,
        Puneet

        Reply
        • H1 is always filed by an employer. So you need to have an employer (old or new) who is willing to file the H1 extension and/or transfer for you.

          Reply
  23. Hi,
    My B1 Visa got rejected on Ist December 2010.

    My H1B is already under processing.I have received my receipt number on
    July 28th 2010.Now the status is showing as ”Intial Review” in USCIS Website.
    Hopefully with in Jan 2011,I will be getting the H1B approval.

    My Question is ,If in case, I am getting the H1B approval by Jan2011,Is it possible
    for me to go for stamping in the same month ?

    Is there any rule like this – ”Between a Visa rejection and Visa Interview,there should be a gap of 6 months” ?

    I am expecting a detailed reply for this.Thanks in advance….

    Reply
    • You can go for interview anytime after your 797 is approved. Just make sure you have all the necessary documents when going for the interview.

      Reply
  24. Hi Friends,

    one more question,
    I’m about to go for H1 Visa interview ,i might get the results in 1 week time. but im planing to get married in 1 month, i wanted to process the h4 for my wife seperatly after i got my H1b.

    Please advice me,what is the process of H4 visa applying and normally how long it will take? does the company has to involve in this ? or it just she needs to fill online form ,attaching my visa and apply?

    Please advice
    Krish

    Reply
    • Your company doesn’t need to get involve in the H4 process. She needs to fill the online forms, and attend the interview. She will have to carry your 797, wedding album or marriage certificate (in English) and her passport for the interview.

      If her interview is successful, she should receive the stamped passport in a week or so.

      Reply
      • Thanks a lot shaurabh, u r saving lot of people life time, ur time spent on this forum , very very valuable for every user who reads.! Thanks for sharing this.

        One last question on this, is it a must that she should submit my paystubs ? Because i’d not be joined to that employer by that time.but I’ll have the visa and tickets to travel.

        Thanks

        Reply
        • If you haven’t been to US until her interview date, then she doesn’t need to carry any payslips. If you have ever worked in US (either on H or L), then she needs to carry the most recent payslips from that period.

          Let me know if you have any other questions.

          Reply
          • Thanks Shaurab,

            I’m still with current employer and getting salary (not in US now). i was in US 5 months before and got US salary,but i don’t have any of those pay stubs with me now.

            Are you advising me to go and get the pay stubs for the period i got paid in US (seems bit difficult to get it)? or is it manageable with the current pay stubs I’m getting here ?

            Please advice
            Thanks in advance

          • US salary slips prove that you maintained legal status when you were in US. It is ALWAYS recommended to keep a copy of your US payslips, especially the most recent ones. Indian salary slips won’t help you here.

            If you cannot arrange for those US payslips, you can try to carry W2 for that year. If you don’t have W2, then try to find some documentation that shows that you were paid during that period (like bank statement). If not, you can try to go w/o these and if the visa officer inquires, you can respond accordingly (i.e. you were paid but don’t have the payslips).

            It is not necessary that these documents will be asked for during the interview, but it’s better to err on the side of caution.

          • Ohh you are referring to your wife carrying your payslips for her interview. I think that can still be done away with (i.e. good to have but not mandatory). But I would strongly recommend you to have your salary slips for your visa interview.

          • Hi ,
            yesterday I had my H1 visa interview. First thing what the interviewer did is, canceled my L1 visa , without any questions.
            Then she asked my degree certificate , and then the I129 . After that she wanted me to wait outside. That day there were some other people also waiting outside after the interview.
            After around 10 mins. They called my name and told my aplocatipn is under admin review and gave a letter with 221(g) section marked as under admin review. It’s a White paper. They said they will call me back later and asked to go home. My passport and degree certificates are with them.

            Please advice , is there any seveority in colors of paper they use for 221(g) ?
            And can Still I have hope on this ?
            Normally how long they take to call the applicant again ?

            Thanks

    • Replying to your last post here. Basically, the officer needs to confirm the authenticity of the job and the company and that takes time. So they issue 221g and take their own time in doing the checks. Because they collected your passport, that’s a good sign.

      Reply
  25. Hi All,

    I have got the H1 approval notice. in that i noticed the US consulate name as Chennai. but i’m not from India, but my h1b sponsoring company is in chennai.

    does that mean i should go to Chennai for interview? or can i have it in Colombo?

    Please advice
    Krish

    Reply
  26. Hi Folks

    I am currently in US with L1B Visa for the last 3 years and my current employer A applied for my L1B extension for 2 years and its approved until Sep 2012. I have my H1B petition approved by my other employer ‘B’ . I am planning for a vacation in Jan 2011 and obviously i need to go for stamping for either L1b extended Visa or H1B. Due to the current situation i have decided to work with my current employer ‘A’ on L1B visa. I have the following question regarding my VISA stamping in India.
    1) Even though i have both by petition approved, can i get the stamping of L1B and travel to US?
    2) If doing so , will my H1B petition still be valid?
    3) Can i use my existing H1B petition from next year some where around Aug 2011?
    4) Will my H1B becomes invalid once i stamped my L1B extended Visa during my vacation?
    5) Will there be any problem while stamping my L1B extended Visa in indian consulate as i already have my H1B petition approved?

    Please help me
    Thanks

    Reply
    • I am assuming your H1 was approved w/o COS.
      1. Yes, you can do that
      2. Petition will remain valid until it’s expiry date
      3. Yes, you can either apply for COS at that time, or get H1 stamped in order to start working on H1
      4. No it doesn’t
      5. I don’t see any issues as long as you played by the rulebook.

      Let me know if your H1 petition was approved w/ COS.

      Reply
  27. Hi,

    My husband got his L1b blanket stamped by this week in chennai us consulate, he has to apply l2visa for me and my daughter, he is delaying in applying for our visa telling that the l1b visa fees is increased and i heard that in december month the slots for PAI will be busy because of christmas and newyear celebration is that true?
    shall i ask my husband to apply for our L2 visa soon, how long will it take for my visa to get processed, i heard that it will hardly take a weeks time for PAI after applying the visa, is that correct?

    Reply
    • The consulate will be closed on certain dates for Christmas and New Year, but it won’t be a shutdown. You can check the calendar on the consulate website, and also look at the date availability.

      When are you flying to US? If the need is urgent, you may try to schedule interview at another consulate (although it’s discouraged and consulate wants you to attend interview at the location closest to your location). If not, then you can wait for the slots to open up.

      If the interview is successful, you should receive the stamped passport within a week.

      Reply
  28. Hello everyone,

    Can anyone please point me to the right direction to understand the overall process for L1B to H1B.

    Situation:
    I’m in US on L1B for company A. Company B filed for fresh H1B. And they have started my wife’s H4 process. My specific questions are :

    1. My wife’s employer (she is currently on L2 EAD) is planning to file for her H1B too. Can my wife work immediately after acknowledgement of her H1B filing? Or does she have to leave work until her H1B is approved?

    2. How long can I work for Company A (L1B), after H1 Approval & COS or Can I at all? This is because I’ll need to serve some notice period.

    3. I’m parallely trying with company C (my preferred employement), so what happens if my H1B COS is done before my confirmation @ Company C. How soon can I change my job after joining Company B? & I’m guessing the process then will be a H1b transfer directly. I understand u require 3 paystubs for H1B Transfer. So would that apply in this case too?

    Thank You very much in anticipation.
    Re,
    Maddy

    Reply
    • 1. No she has to wait for H1 approval before start working on H1. As soon as your H1 is approved, her L2 will become invalid, and she will have to stop working until her H1 is approved.

      2. Legally, you should stop working for L1 employer immediately. However, a reasonable notice period may still be argued to USCIS (in case the question arises)

      3. You can change employer anytime after starting to work for employer B. The payslips are required to prove that you have been maintaining status in US. In your case, this can be proved using 3 most recent payslips from L1 and H1.

      Reply
  29. Hi,

    Pl. I need an urgent help on this !!!

    I am currently holding L2 Visa & will be travelling to US on the same.
    Now if I get an opportunity to work in US & if some company files H1B for me …
    Do I need to come back to India to get my new Visa stamped ? or else, transfer of visa (L2 to H1) can be done in US & I can start working ?

    Pl. share your valuable experiences/view/comments.

    Many thanks well in advance.

    Reply
    • You can apply for H1 along w/ COS. If approved, you can start working in US w/o requiring to get H1 stamped. If you do not apply w/ COS, or if COS is not approved, then you need to get H1 stamped in order to work on H1.

      Reply
  30. My company is offering a choice of H1B or L1B for the job in USA.
    My wife is a dentist in India and has plan to study further (DDS) in US to work as a qualified dentist later.
    We also have plan to get the green card and become permanent citizen of USA.
    So considering all these facts which kind of VISA is better?

    These are the info/facts I collected so far from the web:
    —————————–
    L1B- Inter Transfer VISA for Professionals, cannot change company, can stay maximum 5 years (Extend using I-94), easy to get Green card as No Employer Attestations Required and No Prevailing Wage Requirement

    L2 – Dependent VISA, can work and study, need i-795 form and qualified US degree to work, after completion of US degree can directly work
    L1B is advantageous if I am getting the Green card as soon as possible, so that i can change company and my wife can work without any sponsor

    H1B- Temporary Worker VISA, can change company and can stay maximum 6+ 1(I-140 filed) years, show that you are eligible for L1 to get the green card.

    H4 – Dependent VISA, for studying need not apply F1(Student Visa), after completion of degree find the sponsor for H1B to work as dentist, if by this time has green card setup own clinic

    In order to use L-1 eligibility to qualify for a green card, you need not have actually gotten an L-1 visa. Showing that you are eligible to get one is sufficient.
    Change of status is very simple from L1 to H1B visa.
    ————————–

    Considering all these facts:
    Going initially through L1 and then if required change to H1B is better? or going by H1B is better?
    Which one helps to get Greencard sooner and How much time it may take for green card?

    Reply
    • Depends upon your job requirements. If the job duties don’t require L1 visa, then H1 is the route.

      As for the green card, the speed w/ which you will receive your GC depends upon the job and your qualifications. If you have 4+2 years of education or at least 5 years of experience, then it can be filed in EB2 category (current priority date is 2006); else it will be EB3 (current priority date is 2002). So you can assume a minimum wait time of 4-5 years.

      GC on L1 visa is faster, if you are an executive or manager plus and can qualify as a priority worker. Otherwise you will fall in to above two categories. From employer perspective, you don’t have to go through Labor certification (that saves you up to 6-12 months), but you still need to file 140 and 485, and wait for immigrant numbers to be available.

      In other words, unless you fall into EB1 category, your GC will take time. Until your GC (or EAD) arrives, your stay in US is dependent upon your employer’s willingness. When on L1, you have to stay w/ current employer, and if he decides to send you back, then you have to leave US. However, on H1 you have the option of changing employer if the need arises.

      So there are pros and cons to both visas.

      Reply
  31. Hi Amit,
    Thanks for oyur inputs.
    I already kept all important documents in my personnel email.
    Still i am trying to get the Exp letter by giving 2 weeks notice, right nowit is on high – level discussion.

    Rajesh,

    I will definitely share my experince /approach on how i resolve this issue.

    R

    Reply
      • Hi Rajesh,
        Thanks for writing notes.

        Here are the updates.
        I tried to get the documents(Exp/Releive Letters) in all possible way (2 weeks notice/3 mnths notice buying option).But my L1 company did n’t agree for my proposal.
        At the same time i had a discussion with my H1 company they are OK to join with out any exp letters.
        So i decided to join with new company with out any letters,right now no issue may be in future it may impact on my next company.But other than Exp letters i have rest of all docs.
        I felt that those are enough to proceed in future companies.
        I hope i can manage the issues.Let’s utilize the great opportunity now,no need to bother about future things at this moment.
        Saurabh/Kumar needs to comment more on this.
        Thanks Guys.
        !!Have a Nice time!!

        Reply
        • The only time you would require documents from the L1 period is when applying for GC. You may be asked to prove your status and experience from that period. Most preferable document is experience letter from a manager or colleague, if not payslips may also work.

          Other than that, I don’t see any other hurdles.

          Reply
        • Thanks Reddy, No one cares for experience certificates anywhere in the world except in India, Companies in India have got so called great process where they stick to experience certificate,Relieving letters etc.
          All the best!

          Reply
  32. Hi, I do work for an Indian company on L1-B and I endup working almost 18 hours and still I am being told that I am doing what I suppose to do. I guess I already made my contribution to them to make its much richer. Now I feel its time for me think about my self. As of today Nov 10, 2010 , are there any sponsors for H1B. Do I have any legal obligations from my current company. Any help….

    Reply
    • Javen,

      As of now there are only 46,800 petitions have been filed out of 65,000 limit. Thus you do have a chance if you get an employer to file H1B petition for you. You will need to search for jobs/clear interviews and then request prospective employer to apply for H1B petition.

      You may have to serve notice period with your company before you join any new employer. You will have to check your company policies.

      Reply
  33. Guys,I Would appreciate if anyone share their experiences of serving the Notice period on L1 visa after H1 approval. Thanks in Advance.

    Reply
  34. Hi, my husband would like to apply for H1B, he’s Chinese Nationality and I’m Japanese, we live in Japan now.
    Because his brother owns 2 restaurants in US, his brother would like to invite him
    to US to help him as a Manager and of course he can prepare all the documents for visa application.
    My husband got Bachelor of Arts in Japanese Univ. , his major was International Culture.
    My question is in this kind of background and job position, is there high possibility to get the H1B visa or is it seems quite low possibility?

    If he can get the H1B visa, I and our son will apply for H4 and go to US together.

    I appreciate for your advice in advance,

    Reply
    • RJL, if you read the H1B program info on USCIS website, it says that US businesses use H1B program for technical expertise or highly skilled labor. It totally depends on how your employer substantiates that you are the right fit for the position with education and experience. Your brother might know more stuff, it is best to talk to him and attorney.

      Reply
  35. Dear Kumar/Saurabh/Anyone,
    Thank you very much for the wonderful work.
    Can you please let me know this:
    1.Suppose I work for Company A on L1 and apply H1 on Company B with COS, then from the day H1 got approved, Can I serve the L1 Company A after H1 approval? Because In order to get relieved from L1 Company A properly & with certificates etc., we need to serve the Notice period & the notice period they have is 2 months!
    2.If I apply H1 without COS and after approval comes, if I apply COS, how many days it will take for just COS?
    3.In case if I need to go out of country during this L1-H1 process, considering current days scenario, what are the chances that I may get stamped & approval.

    Reply
    • 1. Your legal status is H1 from the day H1 is approved. So you need to work for H1 employer and not L1 employer.

      2. COS may take 1-2 months. Actual processing times may vary.

      3. Once you have H1 approved (w/o COS), stamping should be considerably easy (as compared to fresh stamping). They would have already vetted the H1 petition during approval process, and will have to vet existing L1 during stamping.

      Reply
      • Thank You Saurabh,
        Guys,I Would appreciate if anyone share their experiences of serving the Notice period on L1 visa after H1 approval. Thanks in Advance.

        Reply
        • Hi Rajesh,

          You mentioned that your company is a US company with a branch is India. If you are working on L1, legally you have been tranfered to Company US – right ? It’s surprising to know that a US company has two months of notice period. I know that in India you have two months notice period but if you are working for company US then do u really need to serve 2 months notice?

          Reply
          • Thanks Amit, But they did not completely transfer me to US Branch, I am still an India branch employee, with regular salary from India(in Rs.) and then allowances kind of stuff from US Branch..They also specify in Offer letter before coming to US that I will have to return to India after 1 year (or less than that company say) of service.In case if I wanted to leave voluntarily, I might have to pay all the expenses which are around $8000.

            Would appreciate if you or anyone can let me know how to handle this.I wanted a smooth transfer to H1.

          • It’s a way companies make fool out of the system. Such abuses have lead to US closely scrutinizing all companies.

            I am sure, you must not be getting any salary slips in US as well, because all your salary is being submitted to your Indian account (except for DA/TA). If so, then how can you apply for H1 w/ COS w/o salary slips?

          • Saurabh,
            I do have payslips generated for US pay.
            They mention in those Payslips as L1 Allowances,salary etc.
            i.e. for EARNINGS section consist Salary(small amount compared to L1 allowance),L1 Allowance,TaxEqual are mentioned.
            Deductions section is of :W/H EE Federal Medcar, EE Federal,W/H EE State etc. are mentioned.
            and for the India pay, they have separate Payslips which are same as earlier ones i.e. when I was in India.

            Before coming to US,in the offer letter they mention the Salary as total Indian salary converted in $ + US component (Above details) = Total amount in $

            Please let me urgently if this causes any issues as I am about to filing for H1, Appreciate your quick response.

    • Re: your last post

      Although they look like payslips, but I don’t think they are good enough for H1. Your company is paying bulk of your salary in India and avoiding all taxes on that salary in US. This is one of the reason why USCIS became very stringent w/ L1 employers, as they continue to pay salary in India instead of paying competitive salary in US. When USCIS will compare your salary slip against your L1 petition, they would notice a big difference in the salary (because your payslip doesn’t contain Indian salary component, but L1 petition does).

      I would say talk to an immigration attorney, and ask them if the payslips you have are good enough for a transfer. He can actually look at them, and give you the exact answer.

      Reply
  36. Hi Friends,

    I have applied H1B in 2010 from some consultancy and they told me my H1B got approved but due recession they are unable to sent me to US I tried to get my receipt number or petition number but they are not giving to me, So can I apply new H1B ..?

    Thanks,
    Abhishek

    Reply
  37. Hi,

    I would like to know the genuine companies who are transverring L1 to H1, as i am planninng to transver and i am not getting any good company on whom i can believe.

    Please help me who all transverred their visa from L1 to H1

    Reply
  38. Hi,

    I’ve got my H1b approved. Now I need to get stamp on my passport.
    Can you please advice me what are the documents are important for visa interview. As per my knowledge I’m preparing below,
    -H1b approval notice
    -downloaded online application form.
    -passport
    -offer letter
    -bank statement
    -experience letter from current company
    -pay stubs from current company

    please let me know wat r other documents I’m missing here?

    Also my offer letter mentioning my start date is nov 1st . But it’s already passed. Will
    it be a question/problem in interview ?

    Thanks in advance for your reply

    Reply
    • If your H1 employer is a consulting company, you may be asked to show project/client details during the interview process. There can also be questions regarding the employer depending upon how consulates rates your employer. So they may ask for company tax returns, wage reports etc. It’s not necessary that they will ask for it (and lot of companies decline to share it w/ their employees), but be aware that if it’s a new employer, then this question might be raised.

      You can also be asked if you have started working for the new employer, your job profile, work hours etc.

      Reply
      • Thanks shourab,

        this is for cognizant. Do u think I can expect these supporting documents from them? I just got only the H1b patition hard copy.
        So the project and client details are must ?

        Krishna

        Reply
        • Cognizant is a big company, and you may not be required to submit those documents. Being a big company, they must be having their own immigration team who can/will create package for you. If they don’t provide you w/ these documents, you can ask them if they are required, and what your response should be if you don’t have those documents. It’s always safer to be conservative and have all the documents at the time of stamping.

          Reply
  39. Hi Guys,
    Good Evening to All.
    I have few queries. Please answer ASAP.
    Here are my full details:
    I am working for company X from Aug-2010 on L1.Got offer from company B and they mentioned start is Nov 15th,2010 in the Offer Letter.
    Company B sent all docs to USCIS on Nov 3rd , 2010 for H1(thru PP).it has been reached Nov 4th,2010.
    1. Where can I check all the VISA-change status(COS)?
    2. How many days it will take to complete the entire process, for L1-H1. (Premium – may be 15 calendar days)
    Is it include all status H1b receipt/Approval status?
    3. Once I get the Approval from USCIS, is it Ok to join in company B,is there any hidden risks(I thought complete H1B approval will come after Oct 2011).
    4. When can I join Company Y whether ‘H1B receipt accept state’ OR ‘H1B Approval State’?
    5. If I go to the new company Y, is there any Risks with Company X?
    (May be they won’t consider notice here)
    6. My project is over with my current company, I have to travel back in next 2-3 weeks.Is there a chance to stay until I get H1-B approval(My L1 is still valid until 2013)?
    Your answers are very important to my career path.
    Eagerly waiting for response.
    R

    Reply
    • Hi Reddy,

      can you please help me out in telling me which employer has applied for your visa transver as i am also on L1 and planning to transver my Visa to H1 but i am not able to get any genuine company.Please do me the favour.

      Rajreddy

      Reply
    • 1. Where can I check all the VISA-change status(COS)?
      [Saurabh] You can go to USCIS website and enter your petition number to get status updates. You can create an account for yourself and subscribe for updates.

      2. How many days it will take to complete the entire process, for L1-H1. (Premium – may be 15 calendar days)
      Is it include all status H1b receipt/Approval status?
      [Saurabh] 15 days from the day USCIS receives the petition. If RFE is issued in b/w, 15 day clock is put on hold.

      3. Once I get the Approval from USCIS, is it Ok to join in company B,is there any hidden risks(I thought complete H1B approval will come after Oct 2011).
      [Saurabh] if H1 was filed along with COS, then you need to join H1 employer on approval of petition. If it was filed w/o COS, then you have to either file for COS or get H1 stamped from outside in order to start working on H1.

      4. When can I join Company Y whether ‘H1B receipt accept state’ OR ‘H1B Approval State’?
      [Saurabh] You can join them only after it is approved. Also read answer to your question 3.

      5. If I go to the new company Y, is there any Risks with Company X?
      (May be they won’t consider notice here)
      [Saurabh] Legally they can’t do anything, except for demand you to serve the notice period.

      6. My project is over with my current company, I have to travel back in next 2-3 weeks.Is there a chance to stay until I get H1-B approval(My L1 is still valid until 2013)?
      [Saurabh] You can stay in US based on a pending H1 petition. You will have to leave US once your L1 project is over, and H1 hasn’t been approved w/ COS. Assuming you filed H1 along w/ COS, I think you should be fine (provided RFE is not issued).

      Reply
        • Hi Saurabh/Kumar,

          I got my H1-Approval yesterday it self.It is really very quick(in just a week of time).
          i have a question,like:
          In my current company(L1), i am working from since 3 yrs.i had a word with my HR about my resignation,they told i have to go back to IND because i came on L1B.But right now i have H1B(may be L1 got cancelled).
          My new company is ok to join without Exp/Service letters.But iwant to take it anyway(by surving 2 weeks notice period).
          What is the process?
          Woould you please guide me on this.
          Thanks
          Reddy

          Reply
          • Hi Reddy,

            If your petition was filed with COS then you HAVE to join company B on the start date mentioned in your petition. In case the start date in 15th Nov then legally your L1 will expire on 15th Nov and H1B will get activated. Thus you can not work for company A after 15th Nov and you must join Company B.

            You don’t need to go to India if your petition was filed with COS.
            Also check your company policies if you are bound of serve two weeks notice period. Many companies have ‘At-Will’ employment policies which means you or the company may terminate the employment without a notice period.

          • Thanks Amit.
            In offer letter Company B mentioned Nov 15th as Joining date and they will wait for me 2 more weeks.
            But i check with Company A HR team as well.They are not at all accepting 2 weeks notice period.
            I required Experience letter from Company A.
            How can i get it from my employer?

          • Reddy,

            I would suggest you to consult a lawyer if Company A is adamant about not giving you experience letter. I am not sure if your company is legally obligated to give an experience letter.

            However to be on the safe side I would also suggest you to get affidavits from at-least two of your ex-colleague as a proof of your employment, experience, job duties etc. Also keep emails/letters such as offer letters, promotion mails, pay raise, L1 petition documents etc. This will help you to substantiate the claim that you worked for the Company A.

          • Reddy,
            I really sympathize with you and I am in the same situation, They say its 2 months notice period! (its actually an US Company with indian branch).

            I have the H1 sponsor ready to file but once the approval comes not sure how to handle this Notice period issue? I have posted for other memebers to share their experiences of serving notice period after H1 approval yesterday.

            Also I heard that u can serve the L1 company for 10-15 days,but that’s for keeping good relation,npot sure of that makes any other problems.

            It will be good if someone really shares their opinion on serving Notice period on L1 after H1 approval. Its really important not to loose the exeprience certificates as back home in India, These certificates & References are very important.

          • Reddy,
            I really sympathize with you and I am in the same situation, They say its 2 months notice period! (its actually an US Company with indian branch).

            I have the H1 sponsor ready to file but once the approval comes not sure how to handle this Notice period issue? I have posted for other memebers to share their experiences of serving notice period after H1 approval yesterday.

            Also I heard that u can serve the L1 company for 10-15 days,but that’s for keeping good relation,npot sure of that makes any other problems.

            It will be good if someone really shares their opinion on serving Notice period on L1 after H1 approval. Its really important not to loose the exeprience certificates as back home in India, These certificates & References are very important.

            Reddy,
            Plz highlight your experience after u get relieved from L1 company.Best of luck!

  40. Hello Friends,

    Details of my case:

    1) I was working for company ABC on L1B Visa until end of Sept’10.
    2) Company ABC had applied for L1B to H1B with COS which is approved in Aug’10.
    3) Thus I have been working for the same company ABC on H1B visa since Oct’10. Note that I don’t have H1B stamped on my passport as I have not moved out of USA yet after the H1B visa approval.

    4) Now Company XYZ gave me an offer which I accepted. They have filed for H1B transfer with a start date of 25th Nov’10. They have filed with premium processing.

    Queries:

    1) If the petition filed by company XYZ gets approved, am I bound to join them or do I have an option to continue working for my current employer?

    2) If the petition filed by company XYZ gets approved and I decide to join them then am I bound to join them on 25th Nov’10 or do I have an option to continue working for my current employer till end of Dec and then join Company XYZ from 1st Jan’11?
    Note that I don’t have H1B visa stamped on my passport as my last Visa transfer was with COS. Does this have any implications on my freedom to join company XYZ on any date after 25th Nov ?

    Would appreciate if senior members of this forum could guide me. Pls let me know if you need further information from me to help you answer my queries.

    Thanks in advance.

    Reply
    • 1. You have the option to work for either of the two employers.

      2. You can join XYZ anytime after the petition has been approved (provided that date is later than start date mentioned in the LCA).

      Reply
  41. Hi,
    Nice articles.
    I have a question here.
    I am working on L1 for company A.Company B submitted documents to USCIS on Nov4th,2010 for H1 thru premium processing.
    With in how many days, i will get my H1 Approval confirmation?When can i start work with company B?
    Bunch Of Thanks
    Waiting for your reply.
    Ravindra

    Reply
    • “With in how many days, i will get my H1 Approval confirmation?”
      [ANSWER] Premium processing ensures that USCIS will reply back within 15 days. Note that they guarantee a reply in 15 days not approval. You may get an approval in 15 days or you may get a request for further documents in 15 days.

      “When can i start work with company B?”
      [ANSWER] Your petition must have a requested start date. If you petition is approved and it was filed with COS ( Change of Status) then you can start working for them from the requested start date without moving out of USA.
      If the petition was not filed with COS then you will have to go to your home country and come back with approved H1B stamped on your passport.

      Note that legally you can also start working for them once the petition is received by USCIS but I wouldn’t suggest you to do so as if the petition gets rejected you will end up loosing both your jobs.

      Feel free to shoot queries. I have recently done my L1B to H1B conversion.

      Thanks

      Reply
      • Hi Snehalatha,
        In your post,you suggested like:
        “Note that legally you can also start working for them once the petition is received by USCIS but I wouldn’t suggest you to do so as if the petition gets rejected you will end up loosing both your jobs.”
        -So When can i start to work?
        My new company sent the docs to CSC on Nov 3rd,it reached by Nov 4th.
        what is the duration to get Petition details(is it 15days)?
        when can i start to work with company B.is it OK to start work with company B once my H1B got approval?
        Not aware of this process.Confused.Highly appreciate your help.
        Ravindra

        Reply
      • I agree w/ your response except for the part “Note that legally you can also start working for them once the petition is received by USCIS ”

        In case of COS, one has to wait for the actual petition to be approved in order to start working on the new petition. For example, a person filing COS from H4 to H1, cannot start working on H1 just on the basis of filed petition.

        A person can work on the basis of pending petition in case of H1 transfer and H1 extension, but not on basis of pending COS.

        Reply
      • Snehalatha,

        The only irritating thing in L1B to H1B transfer process is serving notice period for company who sponsered L1B.

        How did you handle this ? Any help appreciated.

        Thanks.

        Reply
  42. Hi all,

    I’m currently with L1 visa from current employer. I got a offer another company and they processed H1b and pettition is approved , while I’m in my country(not in US). Now I have to go for interview and get stamping , if im correct.

    My question is, is there any possibilities that My L1 will be canceled even if the H1 stamping is REJECTED? I know if H1 is approved L1 will be canceled, but I heard a situation my friend’s L1 is canceled when they reject his H1.

    Please advice on this.it’s bit difficult to take the risk coz I have to lose my current job also if my Both visa canceled.

    Thanks in advance

    Reply
    • Usually they don’t cancel L1 when denying H1 visa stamp. I don’t know the exact circumstances w/ your friend, so can’t comment on that.

      Reply
      • Thanks Saurabh for your reply.
        As long as the default process is not to cancel L1 if H1 rejected ,then I’m fine . i’m not sure why his L1 is canceled.

        Reply
  43. I recently converted from L1B to H1 after working in L1 for 4 years. Will my H1 count 6 years after it is converted to H1 or from the time I am in US in L1.

    Thanks

    Reply
    • A person can spend maximum of 6 years on H1 and L1 combined. If you have already spent 4 years on L1, then your H1 term cannot be more than 2 years. You can reclaim any time that you spent outside of US during those 4 years.

      Reply
  44. Hi,
    I am currently on H1B, and my husband is coming into US with a valid L1B individual visa status, along with this he has a approved H1B Petition too. My question here is that if he plans to change his visa from L1B to H1B after 1 months time … what would be the procedure and how should we go about this change ? would there be any complication in changing the process ?
    Another question was, If he has an offer letter from a full time employer, How can we change employers i.e change his H1B from a consultancy to a H1B employer ? Does the consultancy ppl get notified about this change?

    Please kindly reply back on this question. Appreciate your time and response.

    Thanks !

    Reply
    • It is not very complicated, he would have to apply for a Change of Status from the employer who holds his H1B visa. No, they will not be notified about your changes as it is independent application.

      Reply
  45. I am working for indian desi consulting company and i got my visa approved now Oct 2010 to Oct 2013 for 3 years and I work at the client location since 1.5 years and its 3 months extendable contract and now i got a job offer full time with Wipro they are asking to do the H1b transfer iam unable to decide what to do . Any suggestions please help.

    Reply
    • Rakesh, Full time is always a good option if they offer what you want and they process your Green Card and other stuff. Talk to your friends and take a decision.

      Reply
  46. Hi,

    Thanks for the post!

    I’m currently on L1 B( expired on July 2010) with a valid I-94 till July2013. I’m planning to apply for H1 this year,my question is, will I have some problem while applying for H1 because I’m currently on valid I-94? Also, when will my status change to H1 if my H1 B application is approved?

    Reply
    • Hi Piya,

      U can change ur status anytime. once ur h1b got approved u can still continue on L1 if u dont want to accept ur H1B. if u want to work on H1b then ur H1b employer have to run ur pay stub. after u get ur 1st pay stub legally ur H1b will get start and ur L1 will expire from that day u received ur 1st pay stub.

      Praveen

      Reply
      • Not true. Once COS is approved, an alien is supposed to work and maintain the new status.
        .
        If someone is on H4 and files for COS to H1, and then doesn’t get paid; the person is basically out of status.

        Reply
    • Are you currently working on valid L1? I didn’t get if your L1 visa expired or the petition?

      If you have been maintaining your status, it shouldn’t impact your change of status. If your change of status is approved, it will come w/ new I-94 that will mention the date when the new status kicks in.

      Reply
  47. Hello,
    I am currently on L1 visa on my employer A.
    Another employer wants sponsor H1 for me and wants to file the H1 through premium processing.
    They informed me the chances of approval is better in case of premium processing.
    The thing is that I have to bear this H1 processing fee.
    Please guide me.

    Reply
  48. Thanks for the reply to my previous question! We have another query and shall be very grateful if you can advise.

    My company is going to apply for my H1b visa. My wife, is currently working on EAD over L2 Visa, that goes through Feb 2011. She has talked to her company about filing her H1b. Her company doesn’t have any policy in place for H1b visa but they are saying that they may apply after taking some approvals.

    In this scenario… it may happen that I get my H1 visa before her gets approved (the gap may be a couple of weeks) If that happens what should we do?

    Since she would go on H4 status when my H1 got approved, we wished to know if there is any grace period for her L2 visa on which she can continue to work until her H1 gets approved or would she have to quit?

    Thanks a lot for your help!

    Reply
    • L2 is dependent on L1. So once your H1 is approved, her L2 will no longer be valid. She would have to move to H4 in order to maintain legal status.

      Reply

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