I have seen many of my friends, who come to US on L1 visa from a major Indian IT consulting company like Infosys, Wipro, Cognizant, TCS, etc and convert to H1B visa after one year or even less. I will try to explain some of the advantages of this process.
Job Market myth in US :
One of the biggest myths when you are applying for H1B visa petition is, you do not know how the job market is in US and How everything works down here in US. People are kind of skeptical about the situation here. I completely agree with perception of situation. Many of the big IT vendors like CTS, TCS or Infy, etc have implementations in US and they bring in their employees to work on site in US. IT people work very hard in India to get an onsite chance including countless sleepless nights and late night conference calls. The bad part is, L1 visa working employees realize after coming to US, that they are not well compensated when compared to their counterparts working on H1B visa in US. Guess what, once they get grounded well around here in US, they plan on L1 to H1B conversion. The process of L1 to H1B transfer is not very complicated.
Advantages of L1 to H1B transfer & implications :
There are many advantages of L1 to H1B visa transfer like below
- Job Market in US Study : The biggest advantage is, if you are already in US, you have a fairly good understanding of how the job market is performing in US. You can talk to people, talk to vendors, talk to friends, talk to recruiters, etc and figure out the job situation for your particular area. You may also check the article for job market study :US recession impact on H1B visa filing for 2011 quota? How is Job Market in US in 2010 – 2011 ?
- Playing Safe : You are playing it very safe, there is no risk involved. Worst case scenario, you can still stay in US on L1 visa if you realize the Job market is not improving.
- Seek Full time Employment with Clients : Your opportunities are not limited to just IT consulting companies. You can start looking full time opportunities with a Client company. Might not be the client company you serve on L1, other similar Clients or American companies who need people with your skills. Your opportunities are in fact, endless.
- L1 to H1B change of Status : Change of status is very simple from L1 to H1B visa. The transfer process is seamless. You can transfer your status from L1 to H1B visa and start working as soon as your H1B starts in October. You do not need to go to visa stamping, unless you plan to leave the country for some reason and re-enter US.
- Choosing Good IT consulting company : You can talk to real companies and verify their authenticity. It is easy to find companies information in US, than in India. Your network is much broader. You have good chance of connecting with people in a company and you can make a wise choice for choosing a consulting company if you have to. For more info, check article : How to Choose your H1B sponsor employer
- Job search, first consulting project time save : You are not wasting any time for job search. The idea is, you keep working on L1 visa and then look for a Job and then take up an opportunity only when you find a good project, at least the first project. You have an option to choose the project. No time is wasted for break through. Typically, first consulting job is the harder part. Good things is, you do not have to waste time for the first job.
- Help for projects : The other added advantage is, let’s say you start a project and you need some technical help or need to discuss some things about anything, you have a chosen set of old company friends who can help you to solve the issues.
I can keep on writing… the above listed seem very logical and definitely gives you an advantages. Your strategy for applying for H1B visa should be a safe bet with the current economy and recession. If you come to US on L1 visa and then transfer from L1 to H1B, you are playing a safer bet. On the other hand, you may have lot of work load and other commitments on L1 visa because you may be the only person on site, but “there is no free lunch, you may have to work double shift to hedge the risk…”
Do you know any other advantages ? Add a comment…
Hi saurabh,
I am in L1b visa in US i got extention now it is valid till 2012 ,i m planning to get H1 b visa …1) if i change to H1 w/cos visa then my visa will valid for 6yrs or it will be valid for 1yr this doudt is because of L1b visa 5yrs 2 ) if i go to india i must go for stamping is there any chance to get rejected in this case(H1 w/o cos) and in this case there is no chance to reject(H1 w/cos).
thanks ! in advance.pls reply…….
See below response to Lakshu
Hi saurabh,
I am in L1b visa in US i got extention now it is valid till 2012 ,i m planning to get H1 b visa …1) if i change to H1 w/cos visa then my visa will valid for 6yrs or it will be valid for 1yr this doudt is because of L1b visa 5yrs 2 ) if i go to india i must go for stamping is there any chance to get rejected in this case(H1 w/o cos) or ( H1/w cos)in this case there is no chance to reject.
thanks ! in advance.pls reply…….
Your total period in US on H-1 + L-1 can be 6 years. So if you have spent 5 years in US on L-1, then your H-1 period would be 1 year.
Each scenario has certain probability of rejection depending upon your employer credentials and prospective job offer.
Hi Saurabh,
I recently travelled to US on L1A from my current employer,while i was in India i got my H1b processed by another firm and approved recently.
Is it possible for L1A to H1B COS without going for Visa Stamping. The firm which sponsored my H1B tells me that i need to go to US embassy and get my H1b visa as it’s not possible for COS as my petition was filed when i was in India.
Please advise
Are you currently in US or India? If you are in India, then you cannot file for COS. If you are in US, then your employer can file for COS once your H-1 is approved. It’s not necessary to file COS along w/ petition, but it can filed even after the petition has been approved. This way you can avoid traveling to India for getting H-1 stamped.
Thanks Saurabh for the detailed response, My H-1 was filed w/o COS as i was in India during that time. Wanted to check if i can transfer w/o having to get H1 B Visa transferred.
One follow up question, If i go for stamping and my H1 doesn’t go through will my L1 continue to be valid or will it be cancelled without prejudice. Are there any such cases.
If you are in India at the moment, you cannot avoid H-1 stamping. That’s the only option you have, unless your L1 employer is planing to send you to US on L-1 (in that case you can enter US on L-1, and then file for COS to H-1).
Typically, when the VO approves H-1 they cancel L-1 visa stamp w/o prejudice. However, it’s not all clear what they do in case they do not approve H-1 stamp. You can specifically request the officer not to cancel your L1 stamp saying that your company may send you to US in near future on L1, but it’s VO’s discretion.
Hi,,,, i have a question ?
If I am in the USA in l1 visa and applied for h1b transfer with COS ( assuming I have h1b approved petition from another employer ) ,but not get approved . Will they cancel the L1 also ? then How I can stay here ?
Thanks in advance .
– Karthik
No they won’t cancel L-1. I haven’t come across any case where they go back to cancel L-1 just because H-1 COS was denied. However, if you have doubts, it’s best to double check w/ an experienced immigration lawyer as well.
Hi Kumar,
I’m currently working on L1B visa on company A in which my assignment will end on Dec 2011. Company B offered me H1B sponsorship and accepted it. My questions are:
1. Will I able to start working on company B once they received a receipt or I need to wait until H1B is approved?
2. How long is the H1B processing? Will it last until next yer?
3. Do I need to go home to my home country when H1B is approved?
Thanks!
1. You need to wait for the actual approval before starting to work on H-1. There are two scenarios here – H-1 filed w/ COS and H-1 filed w/o COS. In former, you will be on H-1 from the date mentioned in the approval notice. In latter, you will have to go out of US, get H-1 stamped in your passport and enter US on that stamp in order to work on H-1.
2. If filed w/ premium processing option, it will be adjudicated within 15 calendar days unless RFE is issued. Otherwise it may take few months to process.
3. Yes, if it filed w/o COS and you want to start working on H-1. If filed and approved w/ COS, you can start working on H-1 w/o having the need to go out of the country.
Thanks Saurabh. Can I still work on Company A until Dec 2011 eventhough my H1B is already approve?
You can do that in few ways:
– have H-1 filed w/o COS. However, you would need to leave US after Dec or file and get COS approved by Dec to continue to stay in US after Dec 2011.
– have H-1 filed w/ COS but set start date as Dec 2011. However, for this petition needs to be filed on or after July 2011 (H-1 start date can be maximum 6 months in future)
Hi Saurabh,
Company B filed a H1B w/COS last May 2011, is this mean that once this petition is approve I cannot work anymore with Company A?
Yes, once COS is approved you will have to work for the H-1 employer from the start date mentioned in the approval notice. If you want to continue to work for L-1 employer, then you need to travel out and in of US (which would abandon your COS) while you H-1 is pending. You can also travel out of US after your H-1 approval and re-enter on L-1 visa stamp to be on L-1.
Hello,
I have read thru all the posts and are very informative. However after reading thru some of the responses, i am a bit confused and hence asking the same set of questions as others again. Apologize for the same.
A) I was in US for 2 yrs from May 2007 to Jun 2009 on L1b and that visa is now expired.
B) Later after 1 year 3 months in India, came back to US again on Sep 2010 on new L1b visa which is valid until 2013 Aug and currently working in US.
I wish to apply for H1b visa now. Below are my questions:
1) If H1b is applied with COS and gets approved prior to sometime like in Jun 2011, will my current L1b visa be cancelled immeditely or would it still be valid until OCT 2011? (assuming i dont go back to india in between).
Reason being though COS is approved, i would be eligible to work for new employer only after Oct 2011 on my h1b correct.
2) If H1b is applied without COS and approved then I go back to India prior to OCT 2011 for stamping, if H1b stamping is denied then can i come back to US on my current L1b visa and continue to work for my current empolyer? or would that L1b also be cancelled at that time?
Please let me know. Thanks in advance for your time.
1. Your will be on L-1 until 1st Oct 2011 or the actual approval date mentioned in approval notice (if later than 1st Oct).
2. Yes, you can return on L-1 visa and work for the L-1 employer. At the time of H-1 interview, you can specifically ask VO not to cancel L-1 visa stamp stating that you plan to work for L-1 employer for some more time before switching to H-1 employer. At times, VO cancel L-1 visa w/o prejudice when they approve H-1 visa stamp.
Hi Saurabh/Kumar,
Thanks in advance for your time and help.
Question: I am on L1-B (Individual) visa working in US from Indian company-X and my visa expires on July-2012. I am planning to work in USA with company-Y and interview process is in progress. So When company-Y suppose to apply H1-B for me and when I suppose to start working with company-Y? Any thoughts?
The quota just opened, the new employer can file the H-1 for you anytime now. If it if filed w/ COS then start date cannot be earlier than 1st Oct 2011, and also not later than 6 months from filing date. So if it is filed on 1st May,start date can be any date b/w 1st Oct and 1st Nov.
If it is filed w/o COS, then you need to get H-1 stamped in passport and enter US on that visa stamp before working on H-1.
Hi Saurabh,
First thing is you are doing an amzing job in helping others..thanks alot for this.
2ndly…My query which I never understood what the heck it is…Currently I’m on L1-B Visa through an Indian Company X and valid till Aug 2011, I’m planning to apply for H1-B. Got some offers but they are talking about L1-B to H1 B conversion. I’m not sure on this but my question is
1) If at all company Y applies L1 to H1 , Can I still continue to work for my company X on L1-B eventhough My H1B gets approved?
2) What happens exactly when I apply for L1 to H1 and it gets approval. Why Im asking is some one told me that If my L1 to H1 approves then I’m not allowed to work for my compnay X on L1-B , means I may end up with absconding from X and I lose my India experience. Please let me know it is very important for me .
Sorry L1-B Visa Valid till Aug 2013 and I can work on L1 for another 2years for the company X
When someone talks about L1 to H1 conversion, it basically means filing a new H1 petition (just like any other H-1 petition) and also apply COS (change of status) from L-1 to H-1. This allows you to move from L-1 to H-1 w/o having the need to get H-1 stamp in your passport.
You have two options here:
– have the H-1 petition filed along w/ COS. Once COS is approved, you need to start working for the H-1 employer and stop working for the L-1 employer.
– have the H-1 petition filed w/o COS. In this scenario you can continue to work for L-1 employer as long as you want, even after the H-1 approval. In future whenever you decide to work on H-1, you can either
a. get H-1 stamped from abroad, enter US on that H-1 stamp and work for H-1 employer
b. file for COS from L-1 to H-1, and once it’s approved start working on H-1
Does that clarify your doubts?
Thanks a lot for the quick response….Im clear now…
small and final request..
When can this H-1 petition filed along w/ COS. For 211 Can it be done in April 2011 and start working on H1 immediately after approval or do I need to wait till October 2011.Plz let me know..
It can be filed anytime now. However, start date cannot be earlier than 1st Oct 2011, and also not later than 6 months from filing date. So if it is filed on 1st May,start date can be any date b/w 1st Oct and 1st Nov.
Hi Saurabh,
I am working on L1B visa from an Indian company and trying to apply for H1B from another small company. Earlier I had my H1 visa and it is going to expire in 2011 September. While I am entering in US with my L1B visa, H1 stamping got canceled at the port of entry. So can I now transfer my earlier H1 or do I need to apply for a new H1. As the earlier H1 period is still valid, can I be able to apply for a new H1? Please let me know your thoughts on this.
You can use the old petition and go for H-1 transfer. However, because the quota is still open, you can also go for a new H-1. There is not much difference in 2 scenarios, and you would get equal amount of time in the 2 options.
Thanks Saurabh. Is there any adavantages/disadavantages if I use my old petition? as the H1-Visa on my old petition is revoked can I still be able to tranfer my old petition? Please let me know.
Personally I would prefer to go w/ a new petition to avoid unnecessary questions regarding the old petition. Other than that I cannot think of any major advantage/disadvantage.
Hi Kumar/Saurabh,
I was on L2 for approx two years and in a process of H1 processing now.Once my H1 gets approved would I also need to follow H+L rule for 6 yrs or L2s are exempted from this and they can stay with H1 for 6 yrs irrespective of stay in L2 status?
Time spent on L2 isn’t counted towards 6 year clock.
I am L2 visa and it expires on Sep 17,2011. My husband’s company will be filing for his L1 extension in June/July. My employer has agreed to file my H1b for 2012 under COS. Can I apply for premium processing in April and get a definite result if H1 has been approved or not since my i 94 expires 9/17/11. If not, can I submit my H1 application providing them with my husband’s L1 receipt number. Please advise. I am so confused.
You should go for H-1 w/ COS and PP option, so that you know the result and can then decide whether L-2 extension is required or not. However, I am not sure what your status would be b/w 9/17/11 and 10/1/11 when your L2 I-94 would have expired, but H1 I-94 wouldn’t have kicked in. You need to check w/ your company lawyer on that.
Hi Saurabh,
Realy appreciate you help to understand the process, procedures and few legal issues. I have a couple of questions, would be glad if you can help me to understand them better…
1. Since Jun 2010, working in US on L1B visa, the project was for a year, going to end by Jun 11, per company policy, i have to go back to India.
2. I’m planning to approach a consulting form to apply for H1 B visa for me, in case H1B gets approved before June, the work status validity starts from 01st Oct 11. My question is, will i be eligible to stay in US July to Sept and get start working from 01st Oct 11. L1B status gets terminated as soon as i quite the company(Planing to resign from this company to work in US, this company doesn’t allow me to continue ). my I 94 and L1 visa stamped till Apr 2013.
you help will greatly helps me to plan the things accordingly.
thanks in advance for your time and suggestions.
If your L-1 employer decides to send you back to India while your H-1 is processing, then you would have to leave US. You cannot continue to stay in US if your H-1 hasn’t started yet and your L-1 employed doesn’t want your services in US anymore.
Thank you so much for your clarifications. I have one more quick question. If my H1 got approved before my present company asks me to leave by May end, can i stay in US till oct 11 on H1 approval and start working from then or i have to back to India and return after Oct even my H1 approved.
No, you cannot stay in US. You will have to leave US, get H-1 stamped and then enter US around 1st Oct to start working on H-1.
Hi Saurabh,
Thank you for helping so many people.
I have a question for you. I am planning to apply for L1 to H1 COS in april. My wife who is on L2 is planning to travel to India on 28th March and return on 22nd May. If we apply for her H4 along with my H1, her COS application I believe would be voided.
If thats the case, can I go ahead and apply my H1 and wait for her to come back in May and then apply for her H4? I hope she would be allowed re-entry to US based on her L2.
I know H4 can be filed separately against an approved H1 petition, but I don’t know if it can be filed while H1 is still in processing. If that’s not possible, you can upgrade your petition to PP, and once you have the approval, file for her H4 along w/ COS. For more clarity consult an attorney.
Yes, she can return on L2 as your L1 would still be valid in May.
Thanks a lot, I think I will go with applying for her H4 when my H1 gets approved in October. I hope she will not go out of status if I join my new employer in sometime in october and her H4 is in processing… I think the 180 days grace period would apply to her?
Yes, she should be fine based on pending COS application. You can file her COS soon after you receive your H-1 approval, and she would be fine even if the processing extends post H-1 start date.
Thanks a lot, I think I will go with applying for her H4 when my H1 gets approved in October. I hope she will not go out of status if I join my new employer sometime in october and her H4 is still in processing… I think the 180 days grace period would apply to her?
I am on L1 and wish to switch to H1. How to find a good employer?
Get in touch w/ your friends/network who are already working in US on H-1. They can give you an accurate feedback about the company, otherwise there are more sharks than dolphins in the H-1 ocean.
Dear Sourabh/Kumar,
I had applied for H1B while on L1 and then it got approved a bit late( 3 days after I left US on L1). I had to leave US as my L1 employer said January end as last working day and then I had to leave US as no approval decision regarding H1. I got the approval on Feb 3rd.
Now I need to go for stamping to return on H1, Can you pls let me know what I need to tell during stamping interview for the question: Why I returned back to India during this time? Thanks in advance for your advise.
You should always be truthful to the officer. In your case, it’s a perfectly genuine reason to leave US once your services on L-1 were no longer required. It reflects that you maintained legal status in US and adhered to laws around the visa program.
Thank you Saurabh, next monday is my interview date, Looking fwd fr that.
Hi
What happend to your H1 Visa. Have you passed. What did they ask you? What did you tell, mail me
[mail removed to avoid spam]
Hi Saurabh
I have a question.
I am currently on my second L1 B term ( was here in US – 2006 to 2008- 3 years)
and now in USA from sep 2010 – march 2012).
However I am looking to settle in US, so wanted to try H1…
Unfortunately job situation got worse and late 2010 no jobs were on offer. I have unique skillsets. Jan 2011 offers opened up and got an offer, but by the time, H1 quota ran out. Now even some company applies for H1 , that would be after April 1 and I can work only after Oct 1.
Now here are my questions
1) Can a company transfer my status from L1 to H1? so that I can start working immediately for them?
2)Or is it going to be a new H1 (I never understood the difference b/w a new H1 or L1 to H1 Transfer or may be there are the same?)
3) although this may be out of the line, can my new company apply for a new L1 (cancel my old L1?), it just does not make sense to me, however I wanted to check…
I feel like I have missed the last bus to USA and desperate to work on a full time employments and get a GC here…
What is my best bet?
1. There is no such option to transfer from L-1 to H-1.
2. It is going to be a new H-1. When people talk about L-1 to H-1, what it means is filing a new H-1 and also apply for COS (change of status) from L-1 to H-1, which allows them to start working on H-1 w/o the need of going out of US to get H-1 stamped.
3. They can apply for L-1 extension. Because you spent more than 1 year outside of US, your H+L clock was reset, and now the extension can be applied.
You can find a new employer and have them file H-1 for you w/ COS. Assuming everything goes well, you can start working on H-1 from 1st Oct 2011.
Saurabh January 25, 2011 at 4:06 pm
NA January 25, 2011 at 11:44 am
For reference see the mention post. Now three month is gone, and no reply Islamabad embassy where i schedule an interview, 14 Dec 2010…. I call two time embassy in Jan and feb 2011, he said that case is administrative process……..please tell what can i do and what is the next step……..
Regards
Unfortunately, there is not much one can do, except to wait.
I am presently on L1 and have an approved H1B petition from a small consultant.
So what documents are required for COS to H1?
Do I require to get a client letter/project details letter from a prospective client?
Also I traveled to India after getting H1B approved petition. Do I need to provide the new I-94 and my passport copy?
Looking forward for reply which will be very helpful.
Yes, the H-1 employer will have to submit client/project information for successful approval of COS. This is to show that they have resources and funds to pay you during your H-1 employment w/ them. Other documents required are your latest L-1 slips, past W-2s, passport copy, 797 copy and latest I-94.
Thanks Saurabh.
Hi, i have got the petition approved for 2010 quote of H1 B drive. the thing is my petition is just valid till 15thJan2012. if in case iam not travelling to US till january 15th can i extend the VISA validity ? if not what i need to do.
The employer needs to file for extension. However, they would have to show that they still require you as an employee. Because you wouldn’t have traveled to US till then, the onus will be on you and employer to show that your services are still required after such a long time.
I am with company A on L1B. I got an offer from company B and they are processing H1.
My question:
1. Will I be able to travel to India from April till oct and return to US with L1
2. If my H1 is approved in 2 months of filing from April, do i need to appear for H1 stamping in India during this period.
Note: this is for COS to H1
1. If you travel outside US while H-1 w/ COS is pending, then COS will be abandoned. Yes, you can still return on L-1
2. You would have two options – get H-1 stamped and enter US on H-1 to work on H-1; or enter US on L-1 and apply for COS from L-1 to H-1.
Hi,
I am on L1 visa for the last 4 years with a major IT company in US and its gonna be 5 years this february 2012. I have a query whether i can apply for H1b this october 2011 because i am nearing my 5 year stay in US. some of my friends told me that i would not be eligible to file as would not be able to file the labour immediately after converting to H1B. Can some one please guide me on this.
Thanks in advance
Taj
Maximum time one can spent on H-1 and L-1 together is 6 years. So you still have 2 more years to spend in US. I see following issues:
– knowing that you have 2 years of H-1 period left, not many companies may be willing to file that visa for yo
– in order to stay beyond 6th year, the H-1 employer needs to start GC process immediately so that you can have an approved LCA and probably a pending/approved I-140 by the time you reach close to 6th year
I don’t think being so close to 6 year term makes you ineligible for H-1, but it definitely makes it difficult to find H-1 employers and also to stay in US beyond 6th year.
HI
I had an H1 B visa stamped in 2008 through my employer in India but I did not use it . In 2010 I have enterred the US on L2 and got my EAD done . Now I want to work on H1 B visa . Do I need to put a fresh application or my employer can just transfer the earlier H1 .
In brief can I apply for jobs which ask for an H1 B visa holder .
There are 2 things here:
– you can work for the old H-1 employer by doing COS from L-2 to H-1
– you can work for a new employer by doing H-1 transfer and COS from L-2 to H-1
I have a similar case. My H1B petition is approved last year but did not get visa stamped. Right now I am working on L1B in US. So can I do H-1 transfer with COS from a new Employer? If so what does the new Employer require to do H1B transfer? I do not have hard copy of the H1B approved petition, but I have a scanned copy.
Also what is the probability of getting COS approved high? With old employer or new employer?
Rahul
am also in same boat as my wife case is same as yours.DO let me know if it can be transfered if you came to know
The new employer needs to file a H-1 petition for you and mention that you are cap exempt as you already have an approved petition (this is what we loosely refer to as H-1 transfer). Alongside, then need to submit COS form if you want to start working in US on H-1 immediately and don’t want to get H-1 visa stamped right now.
Success rate depends upon particular case – employer credentials, and prospective job etc.
Hi Saurabh,
I’ve few questions with my current status right now, although I went through few comments from previous posts, I still need to get more info.
I am in company X and my L1 B visa extension is approved (till Mar 2012) and visa stamped in october 2010. Company Y whom I’m working as contractor is offering me fulltime as I’m not supposed to continue work as contractor for that company after 03/31/11, They are ready to sponser H1 B for me. But my concern is if they apply for H1 next week, Am I supposed to work on H1 from April onwards? If not what is the possibility to fill the gap between April 1st to Sep 30th. Please let me know
1. If my current client can sponser L1 transfer for me?
2. If not, How to continue work from 04/01/11 to 10/01/11?
Your response is highly appreciated.
Thank You,
Sobha
1. They cannot do L-1 transfer (actually there is nothing like L-1 transfer)
2. I don’t see any way where you can continue to work for the client. The earliest you can start working for them on H-1 is 1st Oct.
Can you work remotely for them from India?
no Saurabh, as per policies T&M (3years), I can’t continue with the client from April’11. So i’m not sure if they still can offer full time as H1 is valid from oct’2011.
Hi Saurabh,
Thanks a lot for helping so many people. I got so much of useful information on this site. I have the following query. plz help me.
My Current employer is initiating my H1 petition for FY 2012 cap. But i had applied for H1 in 2008 through a outside Consultancy.It was picked up in the lottery,But they didn’t send me for stamping since that project was lost due to recession.And they didn’t give me any approval document.
In March 2010, i got my B1 visa from my previous employer.
Now my question is, would it be a problem if my current employer initiates H1 again and do i need to mention anywhere about my past H1 petition and during the interview ?
Thankyou,
Sekhar
Because you have never been to US on H-1, and didn’t go for stamping, I don’t think you need to mention it anywhere in the documents.
You may be asked during interview process about the old H-1, and you can tell them the truth – that the company never called you to US because of market conditions.
It would be nice to let your immigration team know about this, so that they are aware of this.
Hi,
I am in company X and my L1 B visa extension is approved (till Mar 2012) but visa is not stamped as I never went back to India after extension approval. Another company Y is filing H1 B for me. Please let me know
1. if I need to get L1 stamped before H1 processing starts.
2. If not, will I need to get H1 B stamped after H1 B petition approval ?
3. Can I go to India while H1 is in process?
Thanks !
1. Not required.
2. If it is filed and approved w/ COS, then you don’t need to get H-1 stamped. You can start working for H-1 employer immediately based on the approval.
3. If it’s applied w/ COS, then it’s recommended not to leave US as your COS will be considered abandoned, and then you would need to get H-1 stamped (or apply for COS later) in order to work on H-1.
This is Vijay .I came to US On L1B and my visa is valid till 2014.I want to convert it to H1B.so please advise on how i need to go about this.I have 8 years of exp.
Thanks,
Vijay R
You need to find an employer who is willing to file H-1 for you. They can file the H-1 for you once the quota opens again, and you can start working for the new employer after the petition is approved. You would need to get H-1 stamped in passport before working on H-1 if H-1 is applied w/o COS. If H-1 is applied and approved w/ COS, then you don’t need to get H-1 stamped and can immediately start working on H-1.
An addition to this question Saurabh, while my H1 is being stamped, can I continue working on L1b with the current employer??
Do you mean continue working for L-1 employer in US while H-1 is being processed? If yes, then yes you can do that. However, if your H-1 is approved w/ COS and you are in US, then you need to start working for H-1 employer immediately.
Also, at times when you go for H-1 stamping, VO may (or may not) cancel the L-1 stamp w/o prejudice. In that scenario, you will not be able to return to US on L-1 and work on L-1 (you need to enter on H-1 and then do COS from H-1 to L-1)
Hi,
I am planning to apply for EAD (Currently on L2), answers to following queries would be of a great help :
1. If my H1B petition was rejected, do I need to mention it anywhere, or capture the information while applying for EAD.
2. If I am not wrong, employment authorization is very much different from H1B authorization ??? (As EAD application asks me about the same, if I have ever applied for employment authorization or not & applying for H1B doen’t mean this)
3. Can I make a travel outside US, while my EAD is in process, as it has information about my current I-94.
4. Does the I-94 changes every time I visit into US on my L2 Visa ???
Thanks for your help.
1. I don’t think so, but cannot say for sure as I have not seen EAD application myself.
2. Yes, H-1 is different from employment authorization.
3. You can travel.
4. Yes, a new I-94 is issued every time you enter US. They need to be deposited at the airport when you leave the country.
Hi,
I have L1A VISA until 2013 from an Indian MNC Company and haven’t travelled on that VISA yet.
My Indian company(sponsor) says that I need to work only for the particular customer mentioned in the petition. Is that true?
Ys, L-1 petition is specific to both employer and client mentioned in the petition.
HI
I need a small information about transfer from l1 to h1b
please can u give me some information please
What specific information do you need?
My spouse is working on L-2. Now applied for H1 w/COS. While it is in process, can she travel out of US and come back in a week or two? Does the travel effect the H1 processing? Do we need to send the new I-94 to USCIS?
If she travels out of US while COS is pending, then that would be considered abandoned. Her H-1 may still get approved, but COS will be abandoned as the I-94 would be closed as soon as she leaves US. She would have to either get H-1 stamped from outside of US (assuming it gets approved while she is out), or enter on L-2 and then apply for COS to H-1.
Thanks for your quick reply.
Hi Saurabh:
Thank you for answering to all the questions above they cleared many questions I had. I had a quick question for you.
I am currently working on an L1 visa for company A. I was interviewed and selected by Company B and this company is willing to sponsor my H1B. Can you please tell me the process from hear onwards to be able to work in US for company B. As far as I understand I should be doing the following –
1. Ask company B to file and H1 B for me.
2. Once they have filled my H1 B I will be able to work for them starting 1 April
2011
3. Meanwhile from now till 1 April I should continue working for company A and wait for H1B approval
4. As soon as I get an H1 B approval I can resign form company A
5. Company A has a 1 month notice period so while I am serving the notice period I should apply for L1 to H1 COS so that I can work in US without going to India
6. I my L1 to H1 COS is not approved I will have to go to India to get H1 stamping
Please advice if my understanding is correct.
Thank you in advance, looking forward for some guidance form you.
Next quota starts on 1st April w/ earliest start date as 1st Oct. So this is what needs to happen:
– B needs to file H-1 for you on or after 1st April
– continue to work for A while your H-1 is processing
rest of what is said about COS and w/o COS is correct.
Thank you for the guidance and clarifying my understanding. It really heps. Appreciate your time in responding all my queries
Thanks for the reply Saurabh. It really heps. Appreciate your time in responding all our queries
You are welcome!
Hi,
I am currently working on L1 and I am trying to get a Full Time Job.what will be the earliest date I can start working for H1 employer through L1 to H1 COS process.
If my COS approved by July ,Can I start from July on H1 for my new employer or do I need to wait until Oct 1st.If I need to wait upto Oct 1st,from July to Oct can I continue on L1 with current employer.
Thanks
SS
Even if COS is approved, you cannot start working on H-1 until 1st Oct 2011 (provided that’s the start date mentioned in your petition). You will have to work for L-1 employer until that date, and for the H-1 employer thereafter.
Saurabh,
Am a first timer to this section and am glad you have shown much patience in answering to everyone’s queries.
Currently i am on L1 A Visa since Mar 2010 in USA, which is valid till Oct 2011. Now that i have been asked by my Company to return back to India by Apr 2011. I am into Human Resources (non Technical) in an IT company. Please let me know if there is any option for me to apply for an H1 Visa when i am in USA (in HR or related field) and also the scope for HR professionals like me who can look out for suitable H1 sponsors.
Your advice will be of great help as am eagerly waiting for a positive reply.
There are two major ways to file H-1
– as a direct employee in a company
– as an employee in a consulting company who then places you as a contractor at the client site
I am not much educated about the HR field, but you will have to see what companies you can target – either as direct employer or through a consulting company. The other thing is whether the HR role is H-1 eligible or not. To qualify for a H-1 job, the position must require equivalent of US Bachelors, which I suppose HR role does.
To start your search, start looking for HR openings in companies and also looking through companies that hire and place contractors in HR role.
As your employer is asking you to return to India in Apr 2011, you may have no option but to leave even if you find an employer. The employer would file your H-1, it will get processed and approved while you are in India, you will get H-1 stamped and finally enter US on that stamp visa to work on H-1. You cannot stay in US while your H-1 is being processed as your L-1 employment in US would end in Apr 2011.
Saurabh,
Thanks a lot for your timely reply and never expected such a quick turn around.
Your reply really helps me to be more focussed on the exact area where i need to concentrate and search for.
In order for me to get into Technical side, i also have an option of getting trained in ERPs related to HR like SAP, PS or Oracle Apps etc which all have a Functional HR module.
I will explore the same and meanwhile if you happen to come across any such vendors training the employees in any of the above mentioned ERPs and processing H1 for them, request you to let me know the same. Appreciate again. Thank you !
Hi Saurabh
Thanks . I need one more small clarification .Please help.
If my Scenario is only between Employer A and B . My employer A , brought me here in L1 visa ( valid from July 2010 to 2013 ) . I am in the US currently . My Employer B filled the petition in Apr 2008 and approved in Oct 2008 . So can my employer B file a COS now and can I start work with them immediately ? Please advise . thanks . How to file COS ? how long will it take ?
– Karthik
Hi,
My cousin is currently on L1 and he had an inactive H1B petition(through some x) which was approved in 2008. Now he wants to transfer to H1(thru that X employer).
They have submitted an LCA and they are about to submit an H1B amendment thru premium process. They said he will get it in 2 weeks and he has to quit the L1 job and Join the New job(thru X) immediately.
My question is
Can he work for the new H1 employer with just an amendment receipt and without a change of status?
Can we file a transfer for L2 dependents to H4 along with his L1 to H1 ?
How about the chances of approval of this L1 to H1 amendment?
Any help will be highly appreciated.
Anu, myself and your cousin are in same boat. My case sounds same. I have also got H1 (I-797B) which is valid till Sep 2011 ( 2008 – 2011) but this is not stamped , due to recession my H1 employer has not sent papers 2 me. I am on L1 here and I have plans to switch to H1 now. Is this process of CoS from L1 to H1 easier ?
Did your couin;s H1 emploer is ready to take him on H1 and for CoS?
– kamleshtyagi2@gmail.com
1. He needs to wait for approval to come through before working on H-1. If H-1 was applied and approved w/ COS, then he should start working for the H-1 employer based on the start date mentioned in the approval notice.
2. Varies from case to case. It typically depends upon employer credentials, your work/stay history in US, job details etc.
Hello Saurabh,
Thanks a lot for this initiative for guiding us.
I have resigned from my company in India, and in lieu of retaining me they are offering me an opportunity in Texas. I understand they can’t for H1 now (since the opportunity is immediate), so they’ll go for L1.
1) Now, the first question is if they fair money as per my analysis for my skills in Texas, then does it matter if I go for L1 or H1?
2) If they send me on L1 now, my dependents can still come along after a month or two. Correct? or is it for H1 their process is more easy? Again, why do they have two separate visa types L1, and H1?
3) Later in the year or two, if my company plans to migrate L1 to H1 – I am not sure how easy would that be looking at stringent guidelines being imposed by Obama administration. Any thoughts?
4) Lastly, would it be a wise decision to go on L1 or rather not opt for the offer?
Thanks
Saurabh
1. I have typically seen L-1 pay lower than H-1 pay. You will have to see what your company is offering on L-1 and H-1. Besides, the job should be eligible for L-1 filing. Your immigration team can tell you whether the job qualifies for L-1 or not.
2. L-1 is for intra-company transfer. The Indian employer is transferring you to their US location to work for a specific client using skills that are not available in abundance outside your employer. For example, Java, .NET, manual testing typically aren’t eligible for L-1. With H-1 there is no such restriction. Dependents can come on L-1 as well (on L-2).
3. Possible, but they might have to pay additional fees (as per the new fee structure).
4. It’s a subjective question. You will have to see what your prospects are w/ current employer and what the new opportunity is offering. It’s not fair for me to provide an answer to this.
1. Most of the India companies it doesn’t matter if it is L-1 or H-1.
But with H-1, you can simply switch to another company in US all by just doing H-1 B transfer. One advantage with L-1 over H-1 is L-1 dependents (l-2) can do any type of job after you apply for L-2 EAD. H-1 dependents (H-4) can’t work.
2. Most of the Indian companies if sending for short term (less than 6 months), they would not send dependents along with you. While you do L-1 at US Consulate, if you go along with your dependents they get L-2 visa.
Travel with you or coming after 1-2 months separately is upto you and your company. Otherwise your dependents need to go to US Consulate to get their L-2 visa. L-1 is for specialized knowledge that your company provided you (not talking of the technology like testing, java ,etc) that would help your project work in US.
3. Once you are working on L-1, few companies will b willing to change from L-1 to H-1 that too when your L-1 (I-94) is about to expire. Nowadays getting H-1 visa is more difficult and in coming years it would become more and more difficult getting it.
4. It depends on how your company will treat you. Some companies try to fool their employees who have resigned but taken it back.
What if your company is not going to process ur L-1 or H-1 visa?
What if they process B-1 visa instead?
If your company delays your resignation then can you get other opportunities once you resign? (Am saying as the new company which gave you the joining letter might not wait for a longer time.)
In this world, just remember that anyone can replace anyone. So you might not be that important than you are thinking.
So the decision really depends on you and your company.
My Sincere advise after seeing Industry for 10 years is to go for H1, else Don;t settle with Counter offers like these, On L1 they make u to sign many Unknown bonds. Later u can not get released, In short term it may look good, but with L1, 6 months is very short. It would have been good if L1 2 years or so
Hi,
I am currently working on L1 and I am trying to get a Full Time Job. I came to know about the L1 to H1 COS Process. Does this COS Process required to have a new H1 being filed or is that something like only the status being changed from L1 to H1. If it so i need to apply for a H1 visa then do i need to wait till Apr 2011 when the next quota start? and the minimum date of Joining a new company will be by October? Appreciate your help.
Thanks,
JG
It requires a new H-1 to be filed. Your employer would have to wait until 1st April to file the petition and if everything goes well and is approved, H-1 start date would be 1st Oct.
COS only gives your flexibility of moving to H-1 while continuing to stay in US i.e. no immediate need of H-1 visa stamping.
Thanks Saurabh for your quick reply.
Now i understand that H1 is required to do the COS.
So can we apply for H1 along with COS request or is that after getting H1 we have to do COS? I believe I need to apply for H1 along with COS request when I am in US so that no need to attend the Interview. If one do not get the I94 attached with the Petition then need to attend the Interview going out of US recommended Home country. Please clarify.
– JG
You can do both things – apply for H-1 along w/ COS, or apply for H-1 and later apply for COS. The right answer depends upon when you want to start working on H-1. Remember, once COS is approved, you will be on H-1 and you need to start working for your H-1 employer and stop working for L-1 employer.
Rest of what you said is correct.
Hi,
Currently me and my kid on L2 but my husband got H1 and will join a new comp in march first week, we have applied for our H4, still not received any receipt number.
Can we stay in US on our current status which is L2
Its been 2 weeks we filed the application for H4 till when we will receive the receipt no.
Pleas suggest.
The right thing to do was to have filed the H-4s before H-1 kicks in. L-2 status becomes invalid the day your husband moved to H-1.
I think you should consult an immigration lawyer. One way out could be to leave US, get H-4 stamped and then enter US on H-4 visa stamps. But let’s see if the lawyer has any other opinion.
Hi Saurabh,
Thanks for your reply we did the same the emp filed both the application together that too in premium processing but somehow they returned our application back because they did not find the fee check and the emp again filed the same with the fee check of 290, by the time they sent ours i guess husband visa got processed and came in 2 days after they send ours.
any clue if emp can talk to them and ask for the receipt number of ours.?
Thanks for your help
Yes, ask the employer to call them and follow-up on the receipt number. If any question is raised as to why they were not filed in parallel, your employer can try to explain the situation to them. Make sure you keep all the documentation related to this (initial filing, USCIS letter, re-filing etc)
Oh okay Thank you so much doing the same will keep all the documents and also do we need to go immidiately or is there any time period we can leave the country. And ofcourse as soon as we go from here our COS will cancel right?
Thanks again for your help.
Yes, your COS will be abandoned once you leave the country. It’s best to leave ASAP as your L-2 status is no longer valid.
If your husband’s employer has an attorney, it’s better to consult him/her as well and see if there is anything else you need to do or keep for successful stamping.
Good luck!
I am on L1 and about to finish 1 year. My present company is sending me back to India on March 20. I would like to get the job here and be on H1 visa.
How should I do this now? Please guide.
-KT
You need to find an employer who is willing to file H-1 for you. Once that H-1 is approved you can start working for that employer.
Noting that your L-1 employer is asking you to return back to India on Mar 20th, you may not be able to start work on H-1 immediately. The quota for FY-11 has already filled-up. The earliest filing date is 1st Apr and one can start work only after 1st Oct. So you will be in India when your H-1 employer files that petition, and you would have to go for H-1 stamping before entering US.
Hi,
If for H1B, after receiving receipt #, & if one gets an intimation of the rejection from USCIS with some cause … Can one submit an appeal to USCIS to reconsider the case with deficient documents (myne was the case where some documents were wrongly arranged & submitted)???
One of the company filed this one for me, should I ask current company, for a copy of the reply from USCIS for reference, in case If I/some other company files H1B/any other VISA again for me, when the quota opens for next fiscal ??? Is this reply required any where in future for reference ???
I am currently on L2, & normally how long does it take to get an EAD ? Does one have to be in US after applying for EAD & until he receives an approval of the same ? Any limitations of working on L2 in terms of pay scale ???
I know too many questions, but can’t help it !!! Your reply will be of a gr8 help in moving next step .
Thanks … GG
You really don’t need to worry about the rejection as long as it’s not related to false information submitted by you. If the reason is related to work and mismatch of your skills and job description or employer credentials, it doesn’t impact your future petitions.
One can appeal against a judgment, but that’s a lengthy process. Filing a new H-1 through another employer is a better and faster option.
EAD typically takes 2 months for approval. AFAIK there is no minimum payscale requirement on L2.
Did I miss any question?
Almost got answer to all the questions …
Whenever filing a new VISA, it asks for one’s last visa applications & status (Accepted/Rejected), if I am not wrong ? So, Should I ask the current employer about the reference mail, which they have got from USCIS, giving reasons for rejection of H1B.
Did you ever come across or heard from someone that Visa was rejected & after an appeal or resubmitting the deficient documents it got approved, within short span of time ?
Thanks !
GG
I think during visa stamping process it asks whether you have been denied visa in the past. If your H-1 petition was denied, then it’s the petition that was denied and not the visa. Besides, they don’t ask about the reason in the form, but the CO can still ask that during visa interview.
If you know the exact reason you can let the CO know about it, otherwise you can tell him/her that your employer didn’t update you with the reason.
I didn’t come across cases where a person’s petition was denied and was approved after the appeal. Like I said it’s a lengthy process. Also, do you think your employer has enough reasons to believe that they have information/documentation to make USCIS overturn their decision?
BTW, it was your petition that was denied and not visa (correct me if I am wrong).
Hi,
Dec 14 I schedule an interview, after the interview. They required some doc which my employer sends directly to the embassy, and I call the embassy is he received the document?? They say he received the doc, and currently case status in the admin process, and if you cannot receive any call in two to three weeks, call him again. Now I cannot receive any call, the third week start. What can I do, the passport and other doc he kept, and cannot give me? I am nervous is everything positive????? Because I am worried my employer hair another person if delay my visa, what can I do?
Unfortunately, there is not much one can do, except for waiting. You can try to follow-up in another few weeks, but that’s all one can do about it.
I am currently working in USA on L1 visa which is valid till july 2011
same company has applied for H1B with Change of status and my I-129 petition is approved on 1 Feb 2011
My understanding is i do not have to go back to India right away to get my H1B stamped and i can get it stamped whenever i plan to visit India next time by taking an appointment
My questions are
1) I have I-129 petition approved but no H1 stamp on my passport ; can i change job as soon as possible ?
2) Can not having H1 stamped on my passport become a hurdle in my job switch process ?
3) Assuming i have changed job with approved I-129 and then went to India for stamping passport does it become issue with USCIS or US Consulate in India ?
Please let me know
1. If the 797 was approved along w/ COS (i.e. has I-94 attached at the bottom of it), then you are on H-1 right now. You need to work for the H-1 employer. And H-1 allows a person to change employment to another H-1 sponsoring employer.
2. As long as you have COS approved, and are maintaining valid legal status, changing jobs should not be an issue.
3. It doesn’t. Again you need to maintain status in order to get any sort of approval.
BTW, I-129 doesn’t matter anymore. You should now start using 797 in your questions and conversations. I-129 is required for filing, but approved petition is 797.
Hi shaurabh,
I got my H1 visa stamped on jan 22nd 2011 , but in the visa page it mentioned as effective date is from nov 1st 2010 as per approval notice. I’ll be able to travel to US by march 2011 only. Do you see any issues here.
Becoz I heard like within 2 or 3 months from the visa date, we should travel. Please advice me.
Also is there any specific document I should carry while I’m traveling to US and who should give it.
Thanks in advance
krish
Your visa was stamped on 22nd Jan, and you will be travelling in Mar. So effectively there is just 2 month gap b/w visa stamp date and arrival date.
But your concerns are legitimate, and to be on the safer side, you should carry recent employment documents – recent employment letter from the employer, recent project/client details, 797, I-129, employer contact information etc.
“””Saurabh January 30, 2011 at 11:31 am”””
Hi Saurabh, I am writing here, as I was not getting a reply option @ the top …
Thanks dear, you have answered almost all of my queries. I think this is the last question w.r.t. your reply under the note “””Saurabh January 30, 2011 at 11:31 am”””
If I don’t have the pay slips from Company-A, Can I still apply for a H1 transfer ???
or else what will be the best way to work this out.
Thanks again for your patience, support & valuable answers !!!
Rgds, VA
Payslips are required for transfer only if you have spent time in US on H-1. If you were never on H-1 in US, then you can apply for the transfer even w/o payslips.
Hi All,
I got RFE.I have submitted the documents. Still in the USICS Site it reflect as RFE. Its been more than 15 days(including weekends). For those who submitted later got approved too. I am in Preimim mode. but in the site it is not reflecting. For any one who submitted the docs immediately it gets changed to Request for Response Review. ITs still not reflecting. Please help. Any one faces such situation. Since the quota has been filled. Does it mean already who applied and they are in RFE will also be considered. ANyone help pls.
Are you sure that your documents have reached USCIS? If yes, your employer should follow-up w/ USCIS and ask them for an update. At times, even though they have received the documents and have started working on them, the site status is not updated. It’s not 100% reliable.
Yes, you are still considered part of FY2011 quota, unless your petition is denied by USCIS.
My company says they will file my H1 visa on Jan 29th for 2010 quota using premium services.
Is this possible?
Anyone please provide some info on this.
Not anymore. Quota has been reached for FY-11.
How one can know the lottery results of all H1b applications received on 26-Jan-2011 ?
If some one receives h1b receipt after filing it on 26-Jan,does it mean the application has made through the lottery?
I’m also in the same boat.If somebody gets any info or intimation from USCIS on 26-Jan lottery please share with us.
Mine was also received by USCIS on 26th Jan
If one receives receipt number then that means the petition made through the quota. Otherwise, USCIS would return the package back to the petitioner.
hi,
God help all, and thanks for your reply, how many time i wait, because my company email me every 2 to 3 days and ask the visa satus, if any objection, then what is the next step. is there are a option to appeal ??
Regards,
In most cases, if the visa is denied, they will send the petition back to USCIS for revocation. Your company can then file for an appeal, but that process is a lengthy one and may stretch for months.
Hi,
If a person has arrived in US on dependent visa & got it transferred to H1B with Company A. Now, If he gets an approval for H1B, but not stamped. Can he switch to Company B & If yes what are the formalities & exact procedure to do the same ?
Pl. help on this …
Thanks well in advance for all your support.
Company B needs to file a H-1 petition for you, and submit existing petition as proof that you have already been counted in the quota. They also need to submit your or your spouse’s recent payslips as proof that you have been maintaining status (your’s if your H-1 was approved w/ COS, and your spouse’s if your H-1 was approved w/o COS).
Rest of the paperwork is same as that for new H-1.
Hi Saurabh,
Thanks for all your kind support !!!
Pl. help me out on this … If I got a H1B receipt through Company A, & just waiting for the approval on H1B, & if I receive the approval of the same. Now if due to some unavoidable circumastances I have to go back to my home country & if I am not sure of the return time, what can be the possible way to keep my Visa alive. I am sure that Company A will not be ready to keep this Visa alive, as I am not working for them & not even sure of the time frame to come back to US. And, If I go back to my home country my dependent visa will no more be valid & will have to get my H1B stamped for a return to US (which again will not be valid). In case If after sometime I want to come back to US, what can be the best way to do it ???
Pl. help, as I am standing in no mans land.
Once again thanks for your response !
Rgds, VA
You can go for H-1 visa stamping only if employer A is still willing to hire you. Otherwise, you would have to find another employer (say B), do H-1 transfer to B and then go for stamping for B. You can then enter US and work for B.
The good news is that even if USCIS approves your petition from A, you don’t need to go through quota system again. Just keep a copy of that approved petition w/ you for future use (i.e. H-1 transfer).
If A withdraws the petition even before it’s approval or if USCIS denies it, then you will have to go through quota system again.
Besides, your dependent visa will still be valid if your spouse has been maintaining his/her status (you may have to get it stamped again, if it has expired).
Thanks for all your answers in this forum. I have one question related to the above reply.
I got H1 from company A, even after a month my Company A didn’t find a project for me. Is there a possibility that I can transfer my H1 to Company B or C. Make a note that I don’t have any pay stubs from Company A, as I’m not in any project Company A employer said he’ll not run the pay stubs.
Please clarify me
It would difficult to move to another employer w/o those paychecks. At the moment, you are not maintaining legal status in US by not getting paid. You either need to start getting paid or complain against your employer to DOL that would make them pay. Until then, it’s really tough for H-1 transfer to go through.
Thanks Saurabh,
Just one question to your above reply …
But if in case my H1B gets an approval, & I don’t get it stamped for Company A, can I still come back to US on my dependent L2 visa ???
Will there be any kind of conflict, while immigration b/n my H1B approval & current L2 VISA???
Once again thanks for your kind support !!
Rgds,VA
There is no conflict. A person can have only one status while within US, but can toggle b/w different statuses.
You were earlier on L-2, and when you applied for H-1 along w/ COS your status would have changed to H-1 once H-1 gets approved. However, you could have still applied for COS back from H-1 to L-2 or re-entered US on valid L-2 visa stamp and be on L-2 (as long as person on L-1 is maintaining legal status in US).
Does that answer your question?
I am a bit confused with the above reply … Oops sorry about that !
I’ll try to re-frame my query …
I am currently on L2 and, If I get an approval of H1B & at the same I go back to my home country, with no longer association with the Company-A (the one who filed H1 for me) … which VISA status would I be on (H1B or L2) ???
I am pretty much sure that Company-A will not maintain my H1B. Neither I’ll be able to get this VISA (H1B) stamped.
Thanks !!!
Rgds, VA
Visa status is determined by the visa stamp one uses to enter US, or by COS approval. While you (or for that matter anyone) are outside of US, you don’t have any visa status (which is applicable only when a person is in US).
In your case, if you cannot get H-1 stamped, you can re-enter US on L-2 visa and that will be your visa status (provided L-1 has been maintained this while and L-2 visa stamp is still valid).
Regarding your H-1, you would still be considered to have made through the quota system based on your approval. You can use this approval to transfer the H-1 to another employer and work for them, and not go through the quota again.
Does that help?
Hello –
I work for a leading US based IT company in India. I am going to India for vacation and also will be appearing for Stamping process of L1 visa, as I have already got the approval notice. So after getting my L1 visa stamped, I ll be heading back to the US. My question is: How soon can I start looking for consultancies that offer L1 – to- H1 transfer? Do I have to wait till October or I can start as soon as I am back to the US?
Do you have any info on any popular consultancies that do this?
SK
You will be most likely applying in FY-12 quota. The earliest you can apply in that quota is Apr-01 (w/ start date of Oct-01), and last day to apply is the day quota gets exhausted or 30-Sep-2012 (whichever is earlier).
In other words, if the quota is still open when you return from India, then your employer can apply for H-1, the very next day.
Hi,
Please clarify.
Currently I’m on L1B visa and it is due for extension in may 2011. At the same time I’m planning to apply H1(L1 to H1 transfer) through consultancy in April 2011. My doubt is do I need to get L1 extension approval first and then apply H1 or can both be processed at same time.
I am assuming your employer will be filing for L-1 extension while being in US.
If you are planning to file H-1 w/o COS, then you should be fine. However, if you are planning to file L-1 to H-1 along w/ COS, then it’s best not to have them in parallel.
Hi,
I got my receipt number on Jan 10 2011. Regular processing. It is in Initial review stage. How long will it take to complete the processing? My employer said it would take atleast 14 – 16 weeks.
I will agree to that timeframe.
Thanks…Say my case gets approved by April 30…still, I can apply for visa and travel immediately or should I wait till OCT 2011?
Your petition has been applied in FY-11 quota, so you can go for stamping and can travel to US anytime after you receive the approval notice.
Oct 2011 date is for FY-12 quota (the one that will open on 1st April 2011).
Thanks Saurabh.My friends H1B application has been filed on Jan 28th 2011(premium processing).His employers tell him that it will come under this years quota for approval, even though the H1B cap count is over on 27th. They say that slots have been booked already for the particular company my friend is working for.Is it possble to do that by the company in advance with the uscis?Will the processing be taken into account for this year itself?
I am not aware of any system to book the slots in advance. Your friend should know within a week if his petition was accepted or not. USCIS would return the package (along w/ fees) if it didn’t make this year’s quota.
Hi,
last month i go to the interview, they ask me some question the interview is good, they required some doc like company 2 year tax detail, my us base appointment latter, existing i am working the company offshore office, but that time i have not both the doc and then they gave me the green form and required these doc, she say your all doc is fine and u not need to come for next interview you send these required doc through American express service. And she can’t gave me my passport and other doc. i talk to my us company, and my us case manager send the doc through FedEx service directly embassy. Now 1 month gone, i call my local embassy she say we received the doc now we do the administrative work. Is this is dangers condition how many luck i received the us vise, and what is time estimate.
Chances of approval depend upon how satisfied they are with the documents that you have submitted. If the documents are in order, then you have better chances of approval.
Hi,
What mean documents are in order; the company generates good annual revenue. And two three time win the Microsoft award. And also please tell the estimated time?? 2 other member also applies but consulate not required any doc and he got a visa. Why my case he required.
Regards,
Each case is different, and one case’s success doesn’t guarantee success in all similar cases. VO conducting the interview will use his/her best judgment to see if you need to submit additional documents or not. Usually for established companies, they don’t require additional documents, but that’s VO’s discretion.
Like I said, if documents are in order (i.e. they are genuine and satisfactorily respond to VO’s concern) then they would issue the visa.
Did they keep the passport with themselves or did they return it to you?
They keep the passport and my degrees, and the company every year 1 to 3 person H1B approval. now company expected i arrival jan 2011 but the delay problem my job end, please tell how many chances to visa approval, and what is time frame, is i contact my usa advocate? Or tell him what happen for this, please advices
If they have kept the passport, then there are better chances of approval. In other scenarios they return all the documents including passport.
There is not much one can do at this point, but to wait.