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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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3,261 Comments

  1. Hi,
    I am currently in US and working for a Client A on L1 B status since 2 years via an Employer B. Now the client A is ready to file an H1B for me. What is the best time to have this filing process started by my Client A. Whether the filing should be done with COS or W/O COS. Do I have to go back to India to my H1 B VISA stamped in either case?

    Please help me understand the process. Thanks a ton in advance!!

    Reply
    • A can file H-1 for you as long as the quota is open (which it is currently).

      If filed w/ COS, you will have to start working immediately (from COS approval start date) on H-1, and should no longer work on L-1. You don’t need to get H-1 stamped in order to start working on H-1. However, when you travel outside of US next, you will have to get H-1 stamped in your passport and return on that visa stamp to continue working on H-1.

      If filed w/o COS, you will have to continue working on L-1 until you get COS to H-1 filed and approved, or go out of country, get H-1 stamped and enter on that visa stamp.

      Whether to go w/ COS or not depends upon whether you want to start working on H-1 immediately or continue to work on L-1.

      As a side note, because you will be joining your employer’s client, you may want to check if your employer has any contract w/ you or client that prohibits you from joining the client.

      Reply
  2. Hi,

    Currently I am holding a L1B visa and would like to apply for H1B (2011-2012 quota). Need clarifications on below questions.

    1. L1B is issued in March, 2011 valid till Feb, 2014 for client A for company ABC and I didnot travel to US on this till date. Will this become an issue when applying for a H1 for client B for company ABC ? Is it advisable to go for H1 in this case?

    2. Will my L1 gets cancelled automatically when applied for H1? If yes, when does this cancellation happens exactly?

    3. What are the chances of getting H1B approved?

    4. Will my L1 be valid though I dont get H1 approved in any worst case?

    Reply
    • 1. It will not be an issue.
      2. When you go for H-1 stamping, VO may cancel your L-1 w/o prejudice.
      3. Depends upon your profile, employer’s credential and job/project/client description.
      4. Yes, it would not be impacted.

      Reply
  3. Hello,

    My employer (say A) where I currently work is applying for my COS from L1 to H1 since my L1 visa is getting maxed out in Apr 2012 hence I assume that my employer will put the start date for COS somewhere close to Jan 2012.

    The questions I had were:
    1) If I want to switch my job to employer B can I do it before my COS start date. Say that my start date is Apr 2012, can I switch to employer B in Dec 2011.
    2) Can I get my H1 stamped before COS start date if I go outside United states or will I have to return back on my L1 visa if I return before Apr 2012.
    3) Does my H1 COS become invalid if I travel outside United states before COS is done.

    Appreciate your help.

    Thanks.

    Reply
    • 1. Yes, but you cannot start working for B until COS approval date i.e. Apr 2012. Other option is to have B filed as COS w/ an earlier start date.
      2. You can return on H-1 or L-1 depending what you want to work on. If you want to work on H-1, then you will have to get that visa stamped (your L-1 visa stamp may be canceled at this point).
      3. If you travel while your COS is pending, then it definitely becomes invalid.

      Reply
  4. Hi Saurabh,

    I am on L1 with company A and would like to apply H1 with company B. Do I have a grace period to shift from L1 to H1, once my H1 is approved?

    Regards,

    Akshay Raj

    Reply
    • If applied w/ COS, you will have to start working for H-1 employer from the approval date. If applies w/o COS, you can continue to work for L-1 employer until COS is filed and approved, or you go out of country, get H-1 stamped and enter on that H-1 stamp.

      Reply
  5. Hello,
    I forgot to add another question here, sorry for this..
    My situation is as follows… currently I am on L1 visa valid till Apr 2012 from company A, I am requesting the same employer A to file H1 this year for 2012 quota, he is kind of ready to do that in October timeframe, but my questions are

    1) if my employer file H1, should it be with COS or without COS only? are both possible for the employer? in case if I want to continue in US change the status to H1 in october month, can this be done?
    Please let me know.

    Reply
    • The employer can either file it w/ COS or w/o COS. If you plan to start working in US immediately once H-1 is approved, then it should be filed w/ COS. Otherwise you will have to continue working on L-1, and will have to get H-1 stamped from your home country before entering on that visa stamp and working on H-1.

      Reply
  6. Hello,
    I am very inspired with the clarifications that you provide to lot of people, its defenitely clears lot of confusion and helps a lot to plan ahead. My situation is as follows… currently I am on L1 visa valid till Apr 2012 from company A, I am requesting the same employer A to file H1 this year for 2012 quota, he is kind of ready to do that in October timeframe, but my questions are
    1) Can a H1 visa will be applied to a person with valid L1 till Apr 2012? is it leagal, will there be any questions from consulate on this?
    2) will my L1 be cancelled by councellar in case if I go to india for H1 stamping in october/november timeframe, in case if he is cancelling will he be cancelling only on my H1 stamping?
    4) can I start all my processing here and get the H1 approved and go to india only for stamping?
    3) Just in case if H1 is not approved can I reenter with valid L1 back to US?
    4) What is the best time you think my employer should file for H1?

    Please answer, thank a lot.

    Reply
    • 1. It is a valid possibility to file that. As long as the position and you satisfy the H-1 requirements, you should be fine.
      2. Yes, at times L-1 is canceled w/o prejudice when one goes for H-1 stamping and already have L-1 visa stamped.
      3. If you want to start working on H-1 once your petition is approved, then you need to have it filed w/ COS. If filed w/o COS, you will have to get H-1 stamped and then enter US on that visa stamp to work on H-1.
      4. Yes, provided L-1 stamp has not been canceled and L-1 job is still open.
      5. There is nothing like “best time” and it depends upon an individual’s requirement when to file H-1. There is a lot of quota still open.

      Reply
  7. Hi,

    My L1 B visa with employer A is expiring on 21st september 2011, another employer B is filling my H1 B – i have the following questions :-

    1. Should i go for L1 B renewal in august or september ?

    2. My H1 B would only be approved from october 1 so would my stay be legal from 21st septemb er to 1st october ?

    3. What is the risk of L1 B renewal if my H1 B petition get approved and company B applies for COS from october 1 ?

    Thanks in anticipation of your response.

    Reply
    • 1. L-1 extension can be applied either in Aug or Sep.
      2. If your L-1 extension is pending, then you can continue to stay in US and work on L-1 based on that pending petition.
      3. You will have to work on H-1 from 1st Oct or whatever is the start date. Ensure your L-1 extension is withdrawn once your H-1 starts, otherwise once it is approved your status will move back from H-1 to L-1.

      Reply
  8. Hi Saurabh/ Kumar:

    I have taken your advice before and I am continuing on that thread. Thank you for you advice thusfar it has been a great help. But I think I need some more help form you. Following is my situation –

    1. Currently I working on L1 for employer A. L1 expires in May 2013 and my current assignment completes on 10th Oct.
    2. I have manged to find a job with Employer B, who has started the process of filing H1B for me. He will file my H1B petition on 20th June with Premium processing option, without COS ( according to my request ). Starting date for this job is 10th Oct.
    3. I need to go to India for 4 weeks in August. As per current plan, once my H1B is approved in US around (10-15th) July I am planning on getting my H1 stamped in India in August during my 4 week vacation.

    Question –

    1. My current employer (employer A) want me to work for him till 10th Oct. So given the situation supposing my H1B is stamped in India in August can I –

    a. Enter US on L1 Visa in September and work for my current employer till 10th Oct?
    b. Once my current assignment with employer A is over on 10th Oct, Can I start working for employer B on previously approved and stamped H1B?
    c. If your answer to question 1b was “no”, is there any alternative way I can do the above mentioned?

    Please advice.

    Reply
    • 1a. Yes, you can enter US on L-1 visa stamp. During H-1 interview, officer may want to cancel your L-1 visa stamp w/o prejudice. You may have to convince him not to cancel L-1 visa stamp, or else you will not be able to enter US on L-1.

      1b. No, as you would have entered US on L-1 visa stamp, and your status would have been L-1. You would have to file COS from L-1 to H-1, and once approved then start working for H-1 employer on H-1. The approval may take 2 months, and there is no PP option available. So it may or may not happen by 10th Oct. If it doesn’t, then you will have to leave US. You can then enter on your stamped H-1 visa, and start working for H-1 employer.

      Reply
  9. Hi,

    I am currently on L1-B. My visa expired on Apr 15, 2011. But my I-94 is valid till Jan 2012. My wife’s visa and I-94 expired on Apr 15, 2011. My employer filed for my wife’s extension. But for me they gave an extended I-129s which is valid till Jan 2012.
    Can I travel to india on this extended I-129s and get a stamping while coming back?
    Is this considered as a approved visa extension document? Please advise.

    Thanks,
    Mahantesh

    Reply
      • Hi Saurabh,

        Thank you for your quick reply…
        My 797 says that it is valid from 12/11/2007 and the petition is valid indefinitely.

        Thanks,
        Mahantesh

        Reply
        • I think you should be fine based on your I-129 and 797. You can go through the VFS website to see other documents required for L-1 stamping.

          Reply
          • Thanks a lot Saurabh.

            But one doubt – My extended I-129 (shared with me by my employer) bearing a end date of 31-Jan-2012 and Petition validity being indefinite with additional documentation will be enuf for the stamping in India?
            If this is possible then I will immediately have a short visit to India.
            Please confirm.

            Thank you once again for your quick response and help.

          • I think it is possible. However, you should double check w/ someone else (possibly an attorney) as well, as personally I have never gone for L-1 visa interview.

  10. NA January 24, 2011 at 1:52 pm
    NA February 4, 2011 at 7:50 am
    Hi,
    For reference i attached the dates, 14 Dec 2010 my interview, I submit the 221g farm with required doc 24 Dec 2010, now today is 10 JUNEl 2011, i can’t received any response for Islamabad Embassy. What can i do? The case is still admin process. Is everything alright?? How many chances the visa approval. MY Passport and other doc in Embassy. my US employer advocate write email to US embassy but no responce. is everything ok in my case????

    Reply
    • They might be doing more background checks based on your country of residence/citizenship. For certain countries, the process is lengthy and may take time.

      At this point, there is not much you can do except to wait.

      Reply
      • Today I received a call from Islamabad Embassy, she told me to come for a second interview in Islamabad, and day decided next week. Is anything wrong? What can I do? How many chances for Reject/Accept.

        Reply
        • Tough to say. The good thing is that they have called you. Had it been a rejection, they would have rejected the stamping application and send the documents back to you. Because they called you, means they are still looking to process your application, and may be needing some more information.

          Reply
          • Thanks for your reply. That mean there is a better chance for approval? Now what doc i take for a second interview. And hopeful this time they give me positive reply ASAP. What is your comments?

            Thanks & Regards,

          • One thing more, right now they only contect through phone call for second interview. my passport and other doc still in Embassy, i can’t received my passport and degree.

            Regards,

          • You should remain positive, unless they actually deny it. Yes, it is a painful wait, but there is not much one can do.

            If they asked you to carry any specific documents, then carry them otherwise carry all other documents that you carried the first time (except for the ones which they already have).

          • Now I attend the second interview, the consulate asking me some strange question, the consulate said how he believes the company pays my mention salary in documents. Then he gave me the US embassy number and told if a company didn’t pay me the full salary you can call US embassy. And then he required some information and gives me the green form. Sudden he said to give him the petition document, and he goes to photocopy machine and after photocopy and came back and said return the green form and he talk to boss. He said give him the white form, and we do some work and send your passport American express where I submit my all docs first time. However, three hours later, Islamabad embassy phone call to me and said send the degree transcript with two photocopies through American. I submit required document same evening in American express. Now what are the chances?

          • Please ignore previous one………Sorry

            Now I attend the second interview, the consulate asking me some strange question, the consulate said how he believes the company pays my mention salary in documents. And then he required some information and gives me the green form. Sudden he said to give him the petition document, and he goes to photocopy machine and after photocopy he came back and said return the green form and he talk to boss. Then he gave me the US embassy number and told if a company didn’t pay me the full salary you can call US embassy. He said give him the white form and we do some work and send your passport American express where I submit my all docs first time. However, three hours later, Islamabad embassy phone call to me and said send the degree transcript with two photocopies through American. I submit required document same evening in American express. Now what are the chances?

          • My answer is same as before. If they have to deny, they would deny it outright. As long as they are giving you a chance to submit documents, you should remain hopeful. You should submit the documents they have asked for, and also consult your employer/attorney.

  11. Hi,

    I have another 4 months for my L1 Blanket Visa to expire.

    How much time it takes for L1 Blanket Visa Renewal? both normal and premium?

    If my L1 Blanket Visa doesn’t extend then can we file for change of status to H1B?
    If yes, then it should be done before my present L1 Blanket Visa Expires or it can be done after that if in case my L1 Blanket Visa Renewal takes more time and it crosses my L1 Blanket Expiry Date?

    Thanks for your help.

    Reply
    • I don’t know how long extension takes. You can check that on USCIS website for your service center.

      If the extension is denied, and your I-94 has also expired, then you will have to leave US ASAP or file COS to another visa status (B-1, H-1, F-1). If you have fear that your L-1 extension might be rejected, then it’s better to have H-1 employment ready as back-up.

      Anytime spent in US after I-94 expiry and extension denial is considered “out of status” stay. If H-1 COS is filed within reasonable time (I don’t know what that is, but 1-2 days should be fine), USCIS may approve H-1 COS; otherwise they may approve the H-1 but deny the COS. In this case, you will have to leave US ASAP, get H-1 stamped from your home country and enter US on that visa stamp to work on H-1.

      Let me know if you have any other questions.

      Reply
      • Thanks a lot saurabh.

        Please can you explain what you said earlier?

        If the extension is denied, and your I-94 has also expired, then you will have to leave US ASAP or file COS to another visa status (B-1, H-1, F-1).

        You mean to say change of status to B1?

        I already B1 Visa along with my L1 Visa.

        Reply
        • I am not referring to visa stamp in passport, but visa status. To continue to stay legally in US, one needs to be in a valid visa status (different from visa stamp in passport). Once your L-1 expires, you will have to move immediately to another visa status, which can be B-1, H-1, F-1, H-4 etc.

          Reply
  12. I am working in L1B Visa and can I change the employer, how to apply for H1B Visa conversion and move to new company. is there any consultants available to convert from L1 to H1B Visa

    Reply
    • Here is the quick 2 min guide (for detailed process read the blog archives)
      – Find H-1 employer
      – Have the employer file H-1 for you w/ COS
      – Based on COS approval, start working on H-1 (no stamping required)

      To find sponsors, either get in touch w/ your network (people already working in US through the consulting companies), or search on job sites like dice, monster etc or directly from company websites who provide sponsorship like Google, Microsoft etc.

      Reply
  13. Hi, I found this forum very informative. My situation is:
    1) I am currently in US on L1B visa with I-94 until May 2013. I also have a H1B visa stamped in 2008 and it bears expiration date of 31 Aug 2011 from employer B, but I never traveled on my H1B. My current employer A (for L1B) is asking me to return to India on July 1st 2011. Is there any chance I can get my H1B transferred to employer C and get COS by 30 June 2011 so I can switch to start working on H1B starting July1? What are my options?

    Thanks so much for this fabulous forum!

    Reply
    • Yes, that is possible. Find an employer C who is willing to file H-1 for you. Submit the old petition as proof that you have already been counted in the quota and also file for COS along w/ H-1 petition. You should also file it w/ premium processing option, so that you can have the result by July 1st.

      You don’t need to wait until 1st Oct as you have already been counted in the quota.

      Reply
  14. Hi , I am working for Company A on L1B, that expires on Apr 2012, and will soon be applying for H1 via Company B that plans to take me as direct employee to start work from Oct 2011. I have below question –

    1) if company b applies for premium processing with COS in June 2011 and it gets approved by July 2011 then
    a) Can the COS be effective from 1st Oct 2011 and that I can work legally for Company A till Sept end 2011 on L1B?
    b) Can I travel to India for a 2 week vacation in Aug 2011 on my L1B ?

    2) if company b applies for premium processing without COS in June 2011 and it gets approved by July 2011 then
    a) how can i do a COS for 1st Oct 2011 and will i need to leave the country for stamping or is there an alternative?
    b) Can I travel to India for a 2 week vacation in Aug 2011 on my L1B ?

    please advise.

    Reply
    • 1a) COS cannot be effective prior to 1st Oct 2011. So you will have to work on L-1 until 1st Oct and thereafter on H-1.
      1b) Yes, and you can return on L-1 visa stamp. However, you need to check w/ an immigration lawyer to find out if your H-1 would still start on 1st Oct or not. I have read both sets of replies on online forum, so don’t know what would happen exactly. If COS is not longer applicable, then you will have to file another COS.

      2a) You will have to file for COS (there is no PP available just for COS). It may take 2-3 months to process and may get approved prior to or after 1st Oct. Other option is to get H-1 stamped from outside US, and enter on H-1 stamp (but you cannot enter earlier than 20th Sep on H-1)
      b) Yes, and you can return on L-1 visa stamp (assuming employment is still valid) and then apply for COS to H-1.

      Reply
  15. Hi, can you please guide on below

    I am currently on L2 EAD and working for Company A. i did my MS here in USA in 2006, but had went back to india after graduating. Now i am back in USA.

    If my company A applies for H1 for me for this year quota then will that be the general quota of 65k or the other quota of 20K.

    Please let know.

    Reply
    • I would say that you are eligible for the Masters quota. The requirement is that one should have completed his/her Masters from an accredited university by the time of filing the application. It doesn’t mention how long ago it should have been completed. So I would understand from it that you are eligible.

      Reply
  16. Hi,
    I’m currently on L1B in US, i want to know how much time will it take for L1 to H1 conversion with COS to get approved.

    Reply
    • With premium processing it would take 15 calendar days; w/o premium processing it may take 3-4 months (or more). In case RFE is issued, that could further delay the processing.

      Reply
  17. thanks for your reply.

    If my company does the following, is it allowed?

    1. They apply for my H1B change of status, if it fails they can put it for L1 renewal?

    2. They apply for my L1 renewal, if it gets rejected then they can put it for H1B change of status?

    If it allowed what kind of time frame constraints it has?

    Reply
    • Both are possible. However, if your current I-94 expires and one is rejected, then the other needs to be filed ASAP; otherwise any time you spent in US during that period will be considered illegal stay.

      Reply
  18. Hi Sourabh,
    I am currently on L1B Visa and another employer is interested to file H1B for me. But they are telling that as soon as my petition approved , I have to go India to get my new H1B Stamped. As far as I know that you can work in USA with approved H1B and dnt need stamping as long as you are not going out of USA and this was what I reserached from your blog as well but my employer is telling that this is the new change in rule and you have to get your Visa stamped before the new employment.
    Could you please clarify.

    Reply
    • If the H-1 is filed and approved w/ COS (change of status) then you don’t need to get H-1 stamped prior to H-1 employment. Otherwise you will have to get it stamped from your home country.

      Reply
      • Hi Sourabh,
        Thanks for your quick response. Just let me clarify what i understand from your reply.
        you mean that if I am in USA and change my status from L1 to H1B then I dnt need to go to my home country for stamping . I need stamping only when i go out of USA ..isnt it.

        Reply
  19. Your post is really helpful. thank you very much.
    I have a query.
    My company asked me the following earlier last month:
    L1 Blanker renewal Or Change of status to H1B?
    I will like to go with the one which is easier to happen and there are less chances of rejection or RFE

    Reply
    • Depends upon your work profile. USCIS has become stringent in kind of job positions they approve for L-1, and there has been a uptick in number of rejections for L-1 positions related to core technologies like Java, .NET, QE etc. If your position doesn’t involve any use of employer proprietary tools/applications, its better to go w/ H-1.

      The other thing to look into is whether you have any dependents who would like to work in US. L-2 gives you that option, but H-4 doesn’t.

      Reply
  20. Hello,

    First of all appreciate your time and efforts to address such common issues. My current scenario is that I am on L1 Blanket and my visa is maxed out in Apr 2010.
    My current employer is applying for a COS to H1 visa for Oct quota. Here are my questions:

    1) Since my existing L1 visa is until Apr 2012 can my employer apply COS effective Apr 2012 or will it be effective from Oct 11. Is there any such option.
    2) Assuming my COS is effective from Oct 11, can I change my job within US within 1 02 2 months after Oct 11 or is there any certain minimum period defined to stay with the employer who applied for H1.
    3) Can I change my job w/o leaving US and getting my H1 stamped since in my case it is COS?

    Thanks in advance and have a great day!!!

    Reply
    • 1. Here is what you can do – apply for H-1 now w/o COS. Later in Jan 2012, apply for COS w/ start date as April 2012. If you apply for H-1 w/ COS now, start date can be maximum 6 months in future and not Apr 2012.

      2. You can change jobs anytime after 1st Oct as long as you have payslips for the recent pay period.

      3. That’s correct. You will need to get H-1 stamping only when you go outside of US and want to re-enter US and work on H-1.

      Reply
      • Thanks for the response Sourabh. Basically, I am looking for a switch as soon as I get my COS for H1 and my current employer has already applied for H1 with COS. My question is that can my employer apply for H1 now and keep COS at a later date say my L1 expiration date so that I stay with the employer at least till that time.

        Reply
        • If H-1 has already been applied w/ COS, then there is not much one can do to push out the start date.

          Some clarification needed – are you referring to just one employer (say A) in your post? You are currently working for A on L-1 and A has applied for H-1 w/ COS, but you want to work for A on L-1 until L-1 expiration date, and then work on H-1 either for A or any other employer. Is that correct?

          Reply
          • Hi Saurabh,
            My H1 has been applied for but internally, the petition is not yet submitted to USCIS, hence wanted to know whether there is a provision for my employer to apply my H1 with COS effective as on Apr 2012 when my L1 is maxed out or will the H1 be effective from Oct 2011.
            To clarify more, I am currently working for employer A who has applied for my H1 w/COS since my L1 expires in Apr 2012 but I am interested in switching my job after I get my H1 effective hence I am curious to know when is the earliest I can switch.

          • If it has already been applied w/ COS, then the employer must have put in a start date in the petition. That’s the day (or actual approval date) when your H-1 would start.

            If you want to push out your H-1 start date, then the employer either needs to recall COS application, or you should go out of US and enter on L-1 (which would abandon your COS). You can then let your H-1 process w/o COS, and let it get approved. Then in Jan 2012 or so, your employer can file for COS from L-1 to H-1. Processing time is usually 2-3 months, so it should get approved by the time your L-1 maxes out.

            Does that answer your question?

          • thanks, that helps.. One last question hopefully (sorry for pestering with so many questions)
            Assuming that my employer A (who is applying for my H1) puts that start date of COS as Apr 2012 since that is when my L1 expires, can I not switch to employer B before Apr 2012 since my H1 is applied with COS effective Apr 2012 or can I switch after Oct 2011 from when the H1 is approved..

          • He couldn’t have put Apr 2012 as start date can be maximum 6 months in advance.

            Another employer can file H-1 petition for you in b/w. However, the situation may get tricky if it’s also filed w/ COS and a different start date is requested. Looking at different permutations that are possible, you should consult an immigration lawyer to know about all the outcomes.

  21. Hi Saurabh/Kumar,

    Thanks a lot for the Info. I assume my situation is quite unique.

    I am currently on a L1B visa working for company A for the last 4 years. My current L1B visa is getting maxed out around Sep-2012, So the current Company A has decided to do L1 to H1 conversion(to get one additional year, since H1 max out time is 6 years). Assuming if my H1 conversion goes well and the petition has been approved by July, I have the below queries.

    1) Does my current Visa L1B automatically gets converted to H1 on Oct 1 2011?
    2) If I am planning to switch to company B in US after October 1 2011, Should I have to apply for H1B for the new company or I can use the H1B that my old employer has initiated.
    3) If I am planning to switch to company B in India before or after October 1 2011, Would the Old H1B applied by the Company A can be used to come to US from Company B later?. Or the H1B petition will become invalid if I switch the company in India before stamping.

    Please advice.

    Reply
    • 1. The visa doesn’t get converted. It’s your ‘status’ that gets converted from L-1 to H-1. The status is determined by one’s I-94, and when USCIS approves your H-1 petition along w/ COS, they would issue an I-94 w/ H-1 endorsed on it.

      2. If the old employer’s H-1 has been approved by then, the new employer can just do the H-1 transfer. Else, they would have to file a new H-1 petition.

      3.You can use A’s visa stamp to enter US and work for B. However, you need to have an approved petition from B which you would show at PoE and then work for B. You cannot use A’s petition to enter US and work for B.

      Reply
  22. Hi Saurabh,

    Its end of May and i have another 5 months on L1 (october 2011).

    My company is either gonna do the following:

    1. Renew my L1 Blanket Visa
    2. Apply for change of status to H1B

    Plus i have another company that might be interested in applying for change of status to H1B.

    In this scenario there are two possibilities.

    1. My Company applies for renewal of L1 Visa
    and at the same time
    New Company who are offering me a job applies for change of status to H1B.

    2. My Company applies for change of status to H1B
    and at the same time
    New Company who are offering me a job applies for change of status to H1B.

    Please let me know if the above 2 situation are legitimate or not.
    If yes, what are the possibilities and clashes if any?

    Reply
    • Both are possible and there is high probability of running into clashes, especially when one of the process gets stuck in RFE. Besides, the approval of one might trump other’s processing and approval.

      Option 2 is much safer as both are targeting to move you to H-1 (unlike 1 where one company is doing L-1, while the other is doing H-1). In the past, people have filed multiple H-1s simultaneously and been able to do that, and this looks just like that.

      Reply
      • Thanks Saurabh.

        Please can you explain me further, it will be of great help.

        1. Where both my L1 is renewed and change of status to H1B is granted.
        During that situation what is my option? Do i get a preference to choose one?

        2. Where both change of status to H1B is granted (my company and the new company). During that situation what is my option? Do i get a preference to choose one?

        Reply
        • 1. No you don’t. There is something called “Last Action Rule”. So whatever is approved later, trumps the previous status. However, you need to remember, that things may get complicated in this scenario. For example, if both are still pending post 1st Oct, and then H-1 gets approved w/ COS, followed w/ L-1 extension. In this case, you will have to work on H-1 in the interim before going back to H-1. If you really wanna go this route, then have at least H-1 filed w/ premium processing, and do talk to an experienced lawyer.

          2. Yes, you can decide to work for one of the employers and not for the other.

          Reply
  23. Hi,

    I am on L1B with I94 expiring on April 2012 from Company X, I found an employer Company Y who will file my H1B in June/July under premium processing. If H1B is approved then:
    1. Can I work under Company X till Sep end and join Company Y from 1st Oct without any hassel?
    2. Will my new H1b will be valid until April 2012 only? as my current i94 (on L1B) is till April 2012?
    3. I can travel to India and return in Sep using my existing L1B? Will there be any problem in port of entry? I have traveled using L1B to-from India multiple times, but I am concerned now because I have my H1b approved.
    4. Is there anything special I have to ask the employer before filing H1b so I can go and return from India on my L1b status?

    Reply
    • 1. Yes, if H-1 is approved along w/ COS.
      2. No, your H-1 may have a different expiry date, and you will get a new I-94 (same number as your current, but endorsed as H-1) w/ the approved petition (again only if filed and approved w/ COS).
      3. I have heard cases where a person was able to travel and return on previous visa status, and then be on H-1 from 1st Oct. IMO, it is possible to travel and return in Sep on L-1, and then be on H-1 from 1st Oct. However, if you plan to return after 1st Oct, then you need to either return on L-1 and file for COS, or get H-1 stamped and enter on that visa stamp.
      4. Make sure it’s approved before you travel. Also ask his attorney if there is anything you need to do at PoE while returning.

      Reply
  24. Hi,
    Currently I’m working in US on L1B visa for a Indian company which is valid till Oct 2013, if i apply for H1 with COS from the same company which i work now and if my petition is approved will i able to work for the same company with H1.

    If i go back to india and coming back to US, should i need to appear for stamping, what will happen if my stamping is not approved in india.

    Reply
    • Yes, once your H-1 is approved, you can work for the H-1 employer.

      If you leave US:
      – before your H-1 COS is approved, then your COS will be abandoned and you will have to enter US on L-1 visa stamp, and then probably file for COS again
      – after your H-1 COS is approved and enter prior to 1st Oct, then you can enter on L-1 visa stamp and be on H-1 from 1st Oct. You can let PoE officer know about this.
      – after your H-1 COS is approved and enter after 1st Oct, then you will have to get H-1 visa stamped.

      If stamping is not approved, you can still enter on L-1, provided that employment is still applicable.

      Reply
  25. Hi Kumar,
    I have a question. I am with employer A on L1A for last 3 years in US. Employer B is filing H1B for me. But, they are asking me to join in Aug2011 (before Oct2011 in which I may get H1B) as I also have B1. I have done my masters in US so visa stamping or entering through Canada will not be issue. Can I take such a risk?

    Thanks in advance for reply.

    Reply
    • You cannot work for B until 1st Oct 2011 (provided your H-1 COS is approved by then). As you are filing in this year’s quota, it won’t start until 1st Oct.

      Reply
  26. Hi Kumar,

    The website is very useful and informative. I have few questions, can you clarify me :
    Iam in L1B with company A from Sep 2009. My husband employer applied me the H1B with COS in June 2o1o and its approved. Iam still working with Company A in L1.

    1. My L1 I94 was used in my H1B and i got I94 till 2013 in H1B petion. I recently went India and came back in L1B and got new I94. What will happen to the H1B I94 that was mapped with my old L1B I94?

    2. Do i need to apply COS when iam changing from L1B to H1B due to this new I-94?

    3. My employer told he applied my H1B with COS, thats mean iam unauthroized to work in L1B from June 2010 till now ?

    Iam confused. Can you clarify me.

    Thanks.

    Reply
    • Your employer is right. When your COS was approved, you were no longer in L-1 and should have started working on H-1. However, it may not be as bad as you have traveled outside US in b/w and have entered on L-1.

      If you want to work on H-1 now, the company needs to file COS for you from L-1 to H-1. Once its approved, you can start working on H-1. Your existing H-1 I-94 is no longer valid. If you don’t plan to work on H-1, then continue working on L-1.

      Reply
      • Thanks Saurabh. Because i went india and came back in L1B, my employer has to file COS again from L1 to H1 conversion right ? or due to I94 number changed ?

        Reply
        • Because you entered on L-1. Had you entered on H-1, you wouldn’t have required to file COS, even though I-94 number would have changed as well.

          Reply
          • Hi Saurabh,

            I read few blogs and got few questions :

            1. If i have Company A L1B Visa and Approved petiotion for H1B from Company B. After my vacation outside US, Can I enter US on L1B visa and show the H1 petition in P0E so i get I94 date mentioned in H1B petition ? Becoz L1B is till Sep 2012, but H1 petion has till Sep 2013.

          • You will not get an I-94 expiry date based on H-1 petition as you are entering on L-1, and so the officer would give you an expiry date based on L-1 information. From officer’s perspective, he assumes that you are entering to work on L-1 and would continue to work on that visa. So he would give you a date based on L-1 information.

            Later, when you apply for COS to H-1, you would get a new date based on H-1 information which would be closer to Sep 2013.

      • Hi Saurabh,

        After along prepartion I am going for L1 interview I just realized a small hick up now that My paasport is getting expired on another 18 Months Now My question is how the L1 visa duration will be stamped for me in my Passport as L1 is for 3 years but I have my passport valid till hardly another 1 and half year any idea, please share

        Reply
        • It shouldn’t adversely impact your stamping as your passport expiration is more than 6 months in future. I can’t say for sure if the visa stamp would be for 3 years or 18 months. I have seen examples where B-1 was stamped for 10 years there by extending beyond passport expiration date. I would assume same to be true for L-1, but I can’t say for sure.

          Reply
          • Dear Saurabh,

            Firstly, let me appretiate the good work you have been doing. I had all my queries resolved just reading through your thread.

            Now to answer LR_PT’s question. I have been through a similar situation & I did get my L1B Visa stamped in India for a period of 3 years which was well ahead of my Passport expiry date.

            While entering US the date stamped on my I-94 was matching with my passport expiry date & not the Visa expiry date.

            Once in US, I had my passport renewed & had to get my I-94 updated to match the visa expiry date.
            There are two ways of doing it.
            a) apply through USCIS (which is a lengthy process)
            b) Travel to a nearby country like Mexico or Canada & re-enter to receive a fresh I-94

  27. Thanks Kumar for a very informative article .
    I am currently in my 3rd of chemical engineering. Please tell me whether I should work in India only and then apply for H1B visa or should I plan to give GRE for MS which will give me good exposure and help build up contacts in US ; if making money is one of the main reasons for coming to USA.

    Reply
  28. Hi Saurabh,
    I am working in company A in India and applied H1b from Company B exist in USA and got till June 2013. I got a chance to visit to UK for 1 year from company A and wanted to go there UK.
    Whether My H1B will valid in case I am not visiting USA for more than 1 year after it issued?
    Can I travel to USA without any additional document after 1 year in USA?
    Rohit G

    Reply
    • Your H-1 will remain valid even if you don’t travel. Your H-1 employer can cancel the petition anytime, but you can still use the old petition to transfer the H-1 to another employer w/o going through the quota again.

      If you don’t travel for a long period, you need to get a recent employment letter from H-1 employer before traveling. This will show that the employer is still willing to call you to US. Also, you cannot enter US on H-1 w/o your employer’s consent as you need to be getting paid by your employer all the while you are in US on H-1.

      Reply
  29. Hi Sourabh,

    You have been a real help to others as I can see and would appreciate you answering my queries.

    1. I am on L1-B visa valid till Aug. 25th 2011 ( so is my family), i went to india this month and got I-94 which is valid till May 2014 while my family has I-94 valid only till Aug 2011. I understand i can stay in us till my I-94 valid and get my family’s i-94 extended by another year ( as they last entered us in Feb.2010). My question is , can my company file for L1- extension from US ( they are saying no as my I-94 is valid for more than 6 months).
    2. If i stay in the country beyond my visa expiration date would that be any risk in my visa extension wheneven i file than in India?
    3. Will L-H1 conversion be a good idea?

    Thanks in advance for your response.

    Regards
    Rohit

    Reply
    • 1. Yes, extension can be filed only when I-94 is expiring within 6 months. In your case, extension needs to be filed for your dependents.
      2. You can stay beyond visa expiration date, but you cannot stay beyond I-94 expiry date. Also, if your I-129 is expiring, then a new one needs to be filed as that is your work authorization document.
      3. Depends if you have an H-1 employer or not. There is nothing like conversion. You need to find a new employer, have them file new H-1 petition for you. The only difference is that you will be filing COS along w/ new petition that would allow you to work in US on H-1 w/o needing to have H-1 stamped in your passport.

      Reply
      • Hi Saurabh/Kumar,

        Thank You for the information you are sharing with us 🙂

        My employer had applied H1B in ongoing qouta…ill be able to travel after october 2011…still 4 months to go..in this 4 months,can i work in US on any other Visa…..because i got an immediate oppurtunity..but i cant travel till october 2011…wat are the available options to meet that oppurtunity?

        Reply
        • No you cannot. You will have to wait until 1st Oct to start working on H-1. Ask if they are willing to allow you to work remotely for 4 months, and then work on-site.

          Reply
          • Not any more. USCIS generally doesn’t approve B-1 in lieu of H-1 anymore due to past abuse. You can still get your case reviewed by an immigration lawyer to see if USCIS would make an exception in your case.

  30. Hi,

    I am on L1b Visa in USA since last 3 years. I have a query regarding my visa and i94.

    My L1b Visa was has dates from 15 Nov 2007 – 15 Nov 2010 and my i94 was valid from 25th may 2008 – 24th May 2011. Due to some urgency, I have to visit india in September 2010 and I came back on Oct 2010 (as my visa was valid till this date). so on 18th oct 2010, at port of Entry, I got another i94 which is now valid from 18-oct 2010 – 17 oct 2013.

    So now currently I have L1b Visa which is already expired (on 15th Nov 2010) and a valid i94 (valid till OCT 2013).

    My company has issued me a new I-129 form which has expiry date till oct 2013 (based on my new i94). but company is saying that if you have to go to india in between, you can not come back and have to apply for a new L1B – is it true? if yes, then why I can not extend my current L1b Based on I129 form issued by employer (as L1b VISA is valid for 5 years).

    I am also confused if I am staying legally or not in USA..

    Thanks for your reply in advance.

    Reply
    • Your L-1 visa stamp would have expired by the time you go to India. So to return back you would need to have new L-1 visa stamped in your passport in order to re-enter. That’s what your company would have meant.

      Reply
  31. Hi All,

    I am working for India Company A and entered US with L1 Blanket in 2009. I got selected for Company B who can sponsor H1 visa to work for them full time. Here are my constrains as below,

    1. I want apply H1 visa with Change of status – so that I dont want to go back to India and get it stamped again.

    2. But my current project is not stable it means it may end Aug 2011 or go till Dec 2011. which is giving me sleepless days. If my H1B applied with COS and got approved then

    3. Can I work for my current company till Oct 2011 because I cant work for Company B ?

    4. Does COS can approved and receive I-94 before Oct 2011 ?

    5. Does Premium H1B processing only applicable after Oct 2011, Is that true ?

    6. If I got all paper work and I-94 but my current company ask me to leave in Aug 2011. Can I quit my current company and stay here in US till Oct 2011 to start working for new company

    6.

    Note : I gone through complete blog but I couldn’t find my anwser. Please help me out here.

    Still my new company is not started my H1B visa so I need to prepare before this starts.

    Thanks in advance.

    Reply
    • If H-1 is filed w/ COS and it’s approved, then you have to start working for H-1 employer from the date mentioned in the approval notice. You will have to work for L-1 employer until then provided your project continues.

      When filed w/ premium processing, you will get the result within 15 calendar days (unless RFE is issued); otherwise it may take 3-5 months. So if you want your petition to be approved prior to 1st Oct, then PP is a safer bet.

      If your L-1 employer decides to send you back to India, then that’s what you would have to do. You cannot stay in US if your H1 COS approval start date is still in future.

      Reply
  32. Hi Saurabh,
    I am on L1B visa due expiration in Oct 2011. Can i quit my L1 employer A and work for another employer B on/using my SSN until H1b is processed by employer B.

    Thanks!

    Reply
    • I had a approved L1 extension while in the US. I had gone for stamping to chennai conslate on 9th May. The VO gave me 221(g) green slip with comments “No action necessary at this time”. Any idea how long should i wait. I am unable to see even the status on http://chennai.usconsulate.gov/pendingprocessing.html.

      Moreover can I file a H1 with the same employer or another employer when the L1 is under AR. Will that impact anything?

      Reply
      • What all documents did they keep with themselves?

        H-1 can be filed. However, if you are filing it w/ same employer for same job position that can complicate the things as L-1 and H-1 are meant for different purposes and it will be really difficult to explain how one position can satisfy both H-1 and L-1 job requirements.

        Reply
    • Employer B can fil H-1 petition for you. However, you cannot start working for B until your COS is approved. Until then you need to work for your L-1 employer. You would need recent payslips and W2s for successful H-1 petition processing.

      Reply
  33. Hi Saurabh:
    You have been a great help to all the people here. I have used your advice before and sending you this rough plan to get an opinion on my plan –

    My Situation –
    1. Currently I am in US on an L1 blanket visa which is valid up to May 2013 with employer A.
    2. I have obtained a job with employer B who is willing to sponsor my H1 B.
    3. The project I am working on currently (using my L1) will come to an end on August 1st this year, after which I will have to go back to India.
    So given the situation following is what my new employer and I are planning to do. Please let me know if you think this is the right way to proceed.
    1. Apply for a new H1B without COS in US by the end of this month. This will ensure that that my H1B will get approved by end of July
    2. Given that once my H1 gets approved, I can starting working for my new employer only on 1st of October or on my H1B visa approval date; I will continue working with my current employer till 1st August.
    3. On 1st August I go back to India.
    4. Assuming my H1B is approved in July sometime; once in India (august) get my H1B stamping done in India.
    5. Once the H1 stamping is done I can come back to US to start working for a new employer starting 1st October or on the H1B visa approval date

    Please let me know if the plan makes sense to you and if you have any other advice for the best way to carry this one out.

    Reply
    • The plan looks ok, except there is no guarantee that the petition will be approved by July end. If you need to ensure result by July end, then you need to apply w/ premium processing; otherwise it may extend beyond July.

      Other than that everything looks fine. You should also factor in any notice period that you need to give your L-1 employer in India. Also ensure to keep recent payslips and W2s from L-1 employer as they might be required during H-1 process.

      Reply
      • Hi Saurabh,

        I have gone through some of your answers and felt you could help.
        I have a question regarding L1A to H1B (with and without COS) conversion.

        I have been here in the US since May 2009 on L1A working on behalf of an Indian company. Now, I would like to leave that company and get my own H1 done.

        I have seen similar questions and responses on the same topic and I have some understanding of the process. But, I read an article in murthy.com (H1 Portability: Change in USCIC policy) today and I would like to know how that would affect L1A to H1B and what should I do to get my H1 done successfully.

        I would appreciate your response on this.

        Thanks.

        Reply
        • H-1 portability comes into picture for H-1 transfer, and it allows an employee to work for the new H-1 employer based on the H-1 transfer receipt.

          As your’s a new H-1, it doesn’t fall into that category. Once the employer files the H-1 for you w/ COS, you need to continue working for L-1 until COS approval start date, and then work for H-1 employer. If COS is not filed or not approved, then you need to get H-1 stamped from outside US and enter US on that visa stamp to work on H-1

          Reply
  34. Hi, I am working on a UK work permit visa for a company in UK and my visa will be expiring in 7 months and can be obtained Permanent Residency (PR) a month before expiry. Recently, My company wants me to work in US (main office) and they are ready to process either L1B or H1B. If I choose to accept the offer, I will have to lose my PR and cannot come back to UK. In such a case, which visa type is best suited for me to work in US? My company said, they will apply for L1B initially and then transfer me for H1B later. Please advise me.

    Reply
    • I am not sure if you are seeking advice on whether to forgo UK PR for a US work visa or whether it’s better to go for L-1 for H-1.

      PR in US (i.e. GC), may take several years to come depending upon how many years of experience you have, and what the job profile is etc. So if your aim is to have settle abroad, then you need to know that it would take several years in US to do that.

      There is an article on this blog comparing H-1 and L-1 visa. You can go through it for more details. The major differences b/w the two are:
      – On L-1, your dependents can work on L-2 visa. On H-1, your dependents cannot work on H-4, unless they have their H-1s filed
      – On L-1, you cannot change employer, but you can do that on H-1
      – Salary on H-1 is typically better than L-1 (but it varies from company to company)
      – USCIS has become really stringent in approving L-1 visas. Your company needs to be sure that you will be using specialized skill set to perform duties for the client when going for L-1 visa.

      Reply
      • Hi Saurabh, Thanks for prompt response. I am seeking advice on whether to go for L1 or H1. The reason I am asking is if the expiry of my UK work permit in 7 months have any implications on getting L1 for maximum period (3 yrs)?

        Reply
  35. I am on L1 at present and I have I94 and Visa Validity till 2013 Feb. At present I have found a consultant who is processing my H1B premium. I am expecting the results by end of this Month. My questions are
    Is my L1 still valid even after H1B approval?
    Can I start working for new employer from June 2011? Or should I need to wait till October to start with new employer?

    Reply
    • If the H-1 was filed w/ COS, then you need to start working for the H-1 employer from the approval date mentioned in the petition. The earliest start date can be 1st Oct 2011.

      If you plan to work for L-1 employer even after H-1 approval, then your employer should not have filed w/ COS. Or you can file COS from H-1 to L-1 to work on L-1.

      Reply
      • Thanks for the replies Saurabh, I am having a L1-blanket visa does the above explanation applies to L1 blanket also ?

        Reply
      • One more question, once I convert my L1 status to H1 and got the approval while living in the US itself, where will I go to get the H1 stamping , in US or in India ?

        Again, if I have H1 stamping done in US, and I go back to India for a period of say 1 month vacation and come back, will there be any problem ? , as my stamping in India was done only for L1 not for H1 ?

        Reply
        • If the H-1 is filed w/ COS, and assuming both H-1 petition and COS is approved, one doesn’t need to go for stamping and can start working in US on H-1 immediately from the start date. However, next time the person goes out of the country, s/he will have to get H-1 stamped (most likely from home country) before entering US on H-1 again and working on that visa.

          Reply
        • With COS u will get new I-94. Expiry date of this I-94 is the date u r permitted to work. So ur I-94 when u came on L-1 becomes invalid. While traveling out of US u need to give both the I-94’s at the port of exit.

          Reply
  36. Hi Saurabh,
    I am on L1B which is expiring september 2011. I am planning to file H1b thro’ a consultancy this month (may).
    I would go back to india in september. I am hoping my H1B would be approved by then.

    Now, my question is…when does the H1b term (validity) start from the date it’s approved or from the date visa is stamped. Assuming by H1B is approved in August, and if i go for stamping in india in November, would the 3 yr validity start from August or from November?
    Appreciate your response!

    Reply
    • The petition validity would typically be from October 2011 as that’s the first day of the USCIS fiscal year. However, you are also bound by 6 year clock i.e. the maximum time you can spent in US on H-1 and L-1 visa is 6 years. That would also determine the validity period of your H-1. Another factor that determines your validity period is the contract/SOW submitted during H-1 filing. If your H-1 employer shows project for a year, then USCIS would approve H-1 for a year.

      Reply
  37. Hi Saurabh,

    I have a questions for you, coudl you please provide your inputs if you get some time. Thanks in advance.

    I got my L1-B Individual VISA in 2007 and it was valid till 2010 July and I came to USA on Jun-1, 2008. I was here in USA for about 9 months, till 2009 Apr. Then I went back to india and i was there in India from March-2009 till 2010 Apr. And then I came to USA again 2010 May and i am in USA currently and I applied my VISA extension, got extension till July-2012. So my questions is if I apply another extension after July 2012, How many years I will get approval?

    Reply
    • You have stayed outside of US for more than 1 year in between (March-2009 till 2010 Apr). This is when your clock would have reset. So in the new clock period you have stayed from Mat 2010 onwards which make it 26 months in July 2012. That means another 72-26=46 months approval in July. However, the maximum time approved in single extension is 3 years, and another extension would have to be filed after that (for remaining 10 months).

      Your company/attorney can argument this when applying for extension.

      Reply
  38. Saurabh,

    I was very impressed by the answers you provide for all these queries. I have one question, hope you answers it, currently I am on L1 valid till Apr 2012, I would like to get get H1 visa, the question is if another employer file H1 with COS for me, if its get approved before october 2011, will I be able to work for the new employer before october (from the date it approved) or should I be waiting to work for new employer till october 1st 2011? Also if my company doesn’t provide the experience letter will it hav enegative implication later if I file Green card anytime in my future? Please

    Reply
    • You will have to wait until 1st Oct to start working for H1 employer.

      Below is what I wrote for another question related to relevance of experience letters during GC process.

      Experience letters aren’t mandatory (but definitely good to have) and not always the only document to support your resume. At times, USCIS doesn’t look at experience letters at all during GC processing, at other times they even accept letters from colleagues/managers confirming that you worked for the company. Also, GC experience letters have different format than usual experience letters. They need to mention that you used particular skill set while you were working there. Other than that it also depends upon individual case.

      Reply
  39. Hi Saurabh:

    I have manged to secure a job in US. I am currently on an L1 visa. My new employer is planning to file a H1B for me. Following is the confusion we are facing –

    1. one camp says – once my H1 is filed and approved, i cannot work for my new employer until oct 1st? Is this true?
    2. The other camp says because I am on L1 and currently in US, I can leave my current employer once my H1 is approved and start working for the new employer immediately.

    Can you please advice which of the two camps is correct?
    Thank you in advance for all your help.

    Reply
    • Yes, because it will be a new H-1, you cannot work until 1st Oct or actual approval date (whichever is later). Moreover, you need to have it filed w/ COS in order to start working in US and not wait for actual H1 stamping.

      Reply
  40. Hi Saurabh,

    Thanks for your details information about L1 to H1B conversion.I am currently working with my US client using L1B visa (Valid till 2012) my employer is India based Company. I have few questions below.

    I want to work here for Long , So I have decided to fetch a job here (Oracle ERP DBA). Meanwhile I don’t want to lose my current job , Without impacting that whether can I search the job and do the L1B to H1B conversion.How critical it is to have the experience certificate for applying the Green Card process in future. Because I don’t think my Employer will provide the experience certificate after quitting in US itself.

    Really appreciate your response

    Reply
    • You can search for jobs on H1. Once you finalize the employer, they can file H1 for you. If it’s filed along w/ COS then you will be on H1 from the approval date, else you can continue to work on L1 (you would need to get H1 stamped in passport or apply for COS later to move to H1).

      Experience letters aren’t mandatory (but definitely good to have) and not always the only document to support your resume. At times, USCIS doesn’t look at experience letters at all during GC processing, at other times they even accept letters from colleagues/managers confirming that you worked for the company. Also, GC experience letters have different format than usual experience letters. They need to mention that you used particular skill set while you were working there. Other than that it also depends upon individual case.

      Reply
  41. NA January 24, 2011 at 1:52 pm
    NA February 4, 2011 at 7:50 am
    Hi,
    For reference i attached the dates, 14 Dec 2010 my interview, I submit the 221g farm with required doc 24 Dec 2010, now today is 26 April 2011, i can’t received any response for Islamabad Embassy. What can i do? The case is still admin process. Is everything alright?? How many chances the visa approval.

    Regards,

    Reply
    • Visa approval varies from case to case. Yes, the processing is slow at times, and can really test one’s patience. Did you call the consulate and asked about the update? Your employer can also call them and ask for an update.

      As you are from Islamabad, it is possible that they are doing additional background checks.

      Reply
  42. Hi,

    Here’s the situation…

    I came to US in Aug’08, my 3 years will end in July’11. My company is a Huge company, however due to some visa issues, the rejection rate for the L1 Blanket has gone up. the clean caeses are getting rejected. The extensions are getting RFE’s and some of them have already got rejections also. My company wants me to stay here, however the rejection chances are so high that they are looking for alternate to file extension of L1 Blanket, or file a H1B visa petition or file an Individual L1 petition.

    what do you suggest and what is possible?

    extending the L1B Blanket
    fresh L1 individual
    fresh H1B visa

    Thanks

    Kapil

    Reply
    • Your choices may become limited if you look at what your job responsibilities are here in US. Lot of L-1 rejections happen due to misuse of that visa.

      Purpose of L-1 visa is to bring in people who have specialized knowledge of their company products and applications and would use that knowledge to do specific tasks for a client. Because the knowledge is specific to an employer, that is why L-1 is associated to a particular employer, and a person cannot change employer like on H-1. This is also the reason why there is no numerical quota on L-1s that can be processed in a year as you have in-house knowledge about an employer product/application which is not available outside, and so technically you are not replacing any US worker.

      Lot of companies misused L-1 visa by sending in employees and making them work on java, .net etc. USCIS has become more vigilant and rejecting those visas/petitions. That is why the rejection rate has gone up.

      If your primary job duties are to work on commonly available technologies like .Net, Java, DBA, Testing, Mainframe etc. then H-1 is the right visa for you. If you plan to use in-house expertise of your employer, then L-1 is a better option.

      Reply
  43. Hi,

    This is my Query,my husband got his L1B visa in 2007 Feb,unfortunately he was not able to go U.S for next 18 months and finally went in Nov 2009 then till now he is working for same xyz company,now the issue is his visa totally expires in sep 2011,his company plan to get L1 blanket visa before that L1B visa expires,we dont have much knowledge about L1 blanket visa,mostly he would have interview in chennai U.S embazy,our wish is to stay in U.S. and i need to know what are all the options to stay or settle in U.S or can we go for H1 transfer.
    Please guide us.

    Reply
    • Talk to your employer if they are willing to file the blanket from within US. If they want your husband to go to India and have the L1 filed from there, then that’s what he has to do.

      Other options to continue to stay in US are finding an employer who is willing to file H-1 w/ COS, and then have it approved before 1st Oct to start working on H-1 from 1st (however, you would still have to leave US if your L-1 employer asks you to go back to India prior to 1st Oct).

      If your employer is willing to file the blanket visa for you, I assume he is planning to send you to US again. If yes, then isn’t that itself an option to continue to stay in US (barring the few months break in b/w).

      Reply
  44. I’ve learned a lot from all the posts here but there are far too many and I couldn’t find the right one for my question. In case what I am about to ask was already answered, please direct me to the appropriate link. However, if not, then kindly please tell me the appropriate action.

    I am currently holding an L1B valid up to July 2012. This visa was an approved L1A COS to L1B from company A. I currently don’t a stamp on my passport for this L1B as this was adjusted while I was still here in the US.

    Company B is now in the process of applying an L2B COS to H1B for work starting October 1, 2011. However, I have to go back to my home country in June for 3 weeks. I don’t see any reason why I cannot get a new stamp for L1B and enter the US under the new L1B visa since I am still working under Company A until the approval of H1B from Company B.

    My question is IF the L1B COS to H1B is approved based on the previous I-94, what is the impact of the new I-94? Will the COS to H1B from an old I-94 still valid? Can I immediately work with company B immediately on the approved date? Or do I need to go back to my home country again, get a new stamp for H1B and enter the US again using the new H1B?

    If I don’t leave the US between now and October 1, I don’t see any reason why I cannot work with Company B on or after October 1. But there’s no way around it and I just want to know whether a new I-94 will affect an approved COS based on an old I-94.

    Thank you and I hope you can shed light to my question

    Reply
    • If you leave US while your COS is still processing, then COS will be abandoned. That means you will have to enter US on L1-B visa stamp and work on L-1. To move to H-1, you would have to re-apply for COS to H-1 or go out of US and get H-1 stamp in your passport and enter on that stamp.

      Reply
  45. Hi

    I am working on L1 in US from last one year and i need to leave to India on June30.
    I got a employer to file my H1.
    My question is :
    1.If i start filing H1 in May 1st week and H1 approval process is not completed by June30th,is my H1 processing gets affected(stopped) or it will go normally even i leave US in between processing.
    2.If my H1 got approved by June mid and employer applied for COS and in between the COS process ,if i leave US, is COS processing gets affected?

    Thanks in advance

    Reply
    • H-1 processing would continue even if you leave US in b/w. However, if it was filed w/ COS then COS would be abandoned if you leave US in b/w. As you will be leaving US on June 30th (and assuming petition won’t be filed w/ premium processing), filing w/ COS doesn’t make sense.

      Once your petition is approved, you can go for H-1 stamping and then enter on that visa stamp.

      Reply
  46. Hi Saurabh/Kumar,

    Thanks for your help on clearing our questions.
    I am working on L1 and i have L1 VISA and i-94 till June end 2011. Now i am trying for H1 and one consultant told that he will file new H1 for me if I selected for any client interview which he will arrange and he also told that i can start work on H1 in 15 days, no need to wait till Oct 2011. He said he will get one confirmation number. After that i can start working on it. is it true? I am not sure whether he will apply with COS or with out COS.

    According to your replies , even if consults applied with COS or without COS , I can start work only after Octopus 2011. But, my consultant is saying no need to wait till Oct 2011. Can you please clarify my confusion?

    Reply
    • Your consulting company is wrong over here. You will have to wait until 1st Oct 2011 to start working on H-1. A person can start working on H-1 on basis of receipt only in case of H-1 transfer. As this is a new H-1 petition, you will have to wait until 1st Oct.

      Reply
      • Thanks Saurabh for the clarification. Yes. I called consultant again , then he agreed that i have to wait till October. He said he will file new H1 for me if he finds any client who can wait for me till October 2011. But my current employer sending me back to India in June as my L1 Visa and i94 expires in June 2011. They are going to apply new L1 for me from India. So if my H1 consultant apply for H1 (without COS) suppose in July 2011 and my current employer apply L1 for me sometime, is there any problem for me? Is it legal to do that? Please help me to take correct decision.

        Reply
      • Hi

        Saurabh ,,you are really doing a great job . thanks .

        I ve a few question . Pleas answer ,

        1. My H1b peition was filled in Oct 2008 by employer B and never went to stamping . I am with employer A in India . Employer A sent me to US and I am in the USA with L1 blanket . It is valid untill July 2013 . No my employer is not showing any interest in bringing me , since i need to have a project and a client letter to get h1b stamping . Is it true ?

        2. Now another employer C is telling me , he can file h1b COS and transfer me to L1 blanket to H1b and i dont want to leave to India and avoid quations during h1b stamping in India ? is it true ?

        3. If I agree with the second option and starte working in h1b COS and new I-94 , but I dont have the physical stamping in my passport . So I can’t leave US . If I leave I need to get stamping . So my employer C is telling , after 3 months of working go to canada and get h1b stamping . is it possible ? ( pleas e remeber my peition is also going to expire by oct 2011 )

        Thanks in advance . Please help

        – Karthik

        Reply
        • 1. If you are currently in US, then you need to apply COS from L-1 to H-1 in order to work on H-1. You don’t need H-1 stamping for that. However, for successful approval of COS, your employer may still have to show project and client information (to prove they can pay your regularly).
          2. Whether you file it through B or C, the process is to file COS and then work for the employer after the COS. The only difference w/ C is that they need to file H-1 transfer as well. In both scenarios, employer may be asked to show project/client information.
          3. I wouldn’t suggest Canada for 1st time H-1 stamping. Chances are US consulate in Canada will send you back to India for stamping. Even if they decide to process your stamping, they may ask for same documents like their Indian counterpart. There are not many options to hide.

          Reply
          • Thanks Saurabh ,

            I ve few other questions .

            1. How long it will take to get h1b transfer receipt after filling ? what is the average duration ?
            2. Employer B is not ready to give the copy of the petition . Is it possible without that for employer C is apply for it ?
            3. If I apply for h1b transfer with employer B or C , the L1-B with employer A will be cancelled. Is it legal to cancel the visa given to me by employer A ? bcoz my employer A( L1 visa sponsor ) is a big MNC company.

            Thanks in advance. Please reply soon . – Karthik

          • 1. It can take 1-2 weeks for your employer to receive the receipt.
            2. If you don’t have any proof that you have been counted in quota before, I don’t think H-1 transfer is possible. However, C can still file it as a new petition. Do you have receipt number from B? Check w/ C’s attorney that if the receipt number can be submitted as proof that you have been counted in the quota.
            3. L-1 won’t be canceled. If applied w/ COS, your visa status in US would become H-1. One can still apply for COS from H-1 to old L-1, or can leave US and re-enter US on L-1 visa stamp (provided that has not expired in the passport). Cancelation of visa stamp typically happens during stamping. For example, if you go for H-1 stamping, the officer might cancel your old L-1 stamp w/o prejudice. However, I haven’t come across cases where old visa petition is canceled on basis of COS.

          • Thanks Sir .

            I have my receipt number and I checked with USCIS website , it is saying it has been approced . Will it be sufficient ? My employer C is telling , it is enough .

            On more question : Is there any possibility that during stamping , my petition of h1b transfer get rejected ?

            – Karthik

          • Yes, that receipt number should be sufficient.

            As you are already in US, your transfer would happen prior to your stamping. Assuming your transfer is approved w/ COS, you can continue to stay and work on H-1. You would require stamping when you travel outside of US next and want to re-enter on H-1 stamp. At that point, the officer can cancel your L-1 visa stamp and issue H-1 stamp.

            There have been cases when the officer denies H-1 stamp and sends the petition back to USCIS for revocation. However, that happens more commonly in scenario when a new H-1 has been filed from India and the person hasn’t worked in US on H-1. In your case you would have already worked here on H-1 and would have payslips, client/project information (assuming C is a consulting company) to show. So cancelation of H-1 petition is a less likely scenario (but remember, all cases are unique).

          • Hi Saurabh

            Thanks . I need one more small clarification .Please help.

            If I Scenario is only between Employer A and B . My employer 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 .

            – Karthik

          • B should be able to do that. As you have already been counted in the quota in the past, you are not bound by 1st Oct start date.

  47. Hi,

    I will be getting L1 visa very soon. To convert it to H1B visa (with COS) do I need anything (like any document) from my current employer or I can apply for H1B visa without their knowledge. For COS do I need sponsorship for H1B?

    Thanks & Regards,
    Sukesh.

    Reply
    • H-1 can only be filed by an employer. There is nothing like self filing. So yes, you need to find an employer and they can file the H-1 for you w/ COS. You don’t need any documentation from L-1 employer except for recent payslips and W2s (if any) to prove that you are maintaining status in US.

      BTW, COS can only be filed when you are in US. You cannot file COS from outside of US.

      Reply
      • Thanks saurabh for the clarification. Is there any rule that we can apply COS from L1 to H1 only after you have worked some years for your L1 employer?

        Reply
        • No, there is no such rule. As long as you have been maintaining legal status while working on L-1 you should be fine from that perspective.

          Reply
    • You cannot convert one visa to another. For L-1, you need to satisfy following conditions:
      – worked for the L-1 employer for at least 1 year outside of US in past 3 years
      – possess skills about tools, applications that are specific to your employer and which you can use at the client site
      – etc

      Reply
  48. Mr.Saurabh,

    I have learnt a lot from your website and very impressed with your response to the
    people solving and understanding their Immigration problems and will appreciate
    If you could help me out too.
    I came to US in SEP 2006 with my family on B2 visa and got COS from B2 to L1,
    The approval was valid up MAR 2010 but unfortunately my L1A and L2 (Wife and Kids) was revoked on JUN 2009, USCIS gave me a chance to appeal the decision, I submitted a “Motion to re-open the case” within 33 days given but they refused in FEB 2010 and gave another chance to appeal, so again I submitted the “Motion to re-open the case” but they refused it once again in JUN 2010 and retained the revocation decision and gave me another chance to appeal, so that time I submitted “An Appeal the decision” not “Motion to re-open the decision” in JUL 2010 and still awaiting for their decision. Now,

    1-What options I have to stay in US?
    2-Can I apply for H1 Visa while I am out of status right now?
    3-Am I eligible as I have Bachelor of Science degree from my country with an
    experience of more than 12 years in different capacities in a travel agency.
    4-Is there any advantage for our immigration status because I have a US born son
    who is 3 years old now?

    Thank you and hope for your response.

    Hamid Khan

    Reply
  49. 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 will my visa valid for 6yrs? or it will be valid for 1yr 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) ?

    thanks ! in advance.pls reply…….

    Reply

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