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…
This is by far the best article I have read in a simplified language. Thanks much for such a wonderful work.
I have some doubts and concerns and like to seek some help here. I am currently working on L1 with company A, and I have got company B who is going to sponsor my H1B. I believe it is going to be a change of status or L1 to H1 transfer. I have following questions in this respect.
1) What is the step by step COS process (L1 to H1)? I have tried probing with the sponsor company B but they don’t seem interested to explain it to me.
2) If I get my H1-B approved after Oct 1st, I can no longer legally work with my current employer on L1. Is that correct understanding?
3) Is there a way that H1-B becomes effective later than Oct 1st (say Nov 1st), since it may not be practically possible to leave my current employer within a day (As per the policy of my current employer, I will have to serve 2 months notice before they could relive me) ? What are other alternatives?
4) If I go ahead with premium processing, is there a possibility that I would get my H1-B processing done before mid of Sept?
I am kind of confused on how to handle this since I have to serve 2 months notice to my current company and once I get my H1 approved, I cannot legally work with my current employer on L1. Therefore, I will be left with no room to resign. I am looking for the best alternative. Kindly suggest.
Thanks in advance.
1. When filing a new petition, employer can file another application for COS. For successful COS, they would have to submit proof that you have been maintaining legal status in US. For this, they would ask you to submit recent L-1 payslips and past W-2s. They would then file the petition w/ COS, and USCIS would review and adjudicate both of them together. If USCIS feels that you didn’t maintain your status, but find the employer and job qualified enough for H-1, then they would approve H-1 petition but deny COS. You would then have to get H-1 visa stamped in passport in order to start working on H-1.
2. You will have to work for H-1 employer from the start date mentioned in 797, assuming it is approved w/ COS. If COS is not approved, you can continue to work for L-1 employer, or if it is approved for a future date, you can continue to work for L-1 employer till that date.
3. Your H-1 employer can request a start date at most 6 months in future. So they can request H-1 start date of 1st Nov. Even if H-1 gets approved early, you can still work for L-1 employer until the start date it is approved for.
4. Yes, if no RFE is issued. In case of RFE, the process can be delayed.
If you want to serve enough notice period w/ your L-1, then ask your H-1 employer to file it w/ a future start date and then submit it w/ premium processing. It would give you enough time to serve the notice period. The downside is that if your L-1 employer asks you to leave US (as retaliation), then you would have no option but to leave US (as your H-1 wouldn’t have started by then).
Thanks a lot Saurabh for detailed answer. Appreciate your prompt response.
Today I got a reply from my H1-employer on question I posted to them for premium processing. They replied saying
“Premium processing will not help you start work any sooner as we only have to wait for the receipt notice for you to start. It will get you the approval notice faster, which you don’t need to start working. Please allow several weeks for us to receive the receipt notice.”
Now I am confused even further and have following further questions:
1) Does it imply they have already filed my petition w/COS?
2) I understand that I can upgrade to Premium processing after the petition is already filed. If the answer to question 1 is yes, do H1-employer have to wait for receipt notice before they could upgrade to Premium processing?Would it have been faster if they had done Premium processing + petition (I-129) all at the same time?
3) Should I still opt for premium processing?
4) Can my H1-employer request for a future start date if they have already filed my petition or after my petition is approved? E.g. Once I get H1 approval notice (say by Sept end), I will immediately resign and start serving the notice period to my current employer. At that point in time, my H1 employer requests for future start date and I then join H1-employer in Nov mid. Is that a possible use case?
5) A hypothetical scenario. I leave for India if my petition gets approved before Oct 1st, serve the notice period to my current employer while in India, get H1 visa stamped, and then enter US and start working. Can you please validate this scenario?
Thank you so much for your help.
Additional Info: I already submitted all the paper work you mentioned in your reply (like L1 visa copy, paystubs etc) to my H1 employer
You cannot work on the basis of receipt notice. You need actual approval along w/ COS in order to work on H-1. The advantage of doing it w/ premium is that gives you enough time to serve the notice period.
1. I can’t say; you will have to check w/ your employer on that.
2. Yes, they can upgrade it to PP once the receipt notice has been generated. Doing it together would definitely have been faster as 15 calendar period would have started earlier.
3. Depends upon how you want to manage your notice period w/ your L-1 employer.
4. Once H-1 starts, you cannot request to change the start date. What you can do is travel outside of US and return on L-1. This would void your COS. Your H-1 would get approved w/o COS. You can then request for COS whenever you are ready to move to H-1. The downside is that there is no premium processing available solely for COS, and will have to wait for the approval (may take 2-3 months).
5. Yes, it is a perfectly valid scenario.
Hi Sourabh,
First of all Thanks providing valuable information to all the folks.
I am not sure if my prospective employer (say Company B) has filed my H1 w/COS or w/o COS. I have couple of questions in this regard.
If I leave US in any of the following situations what will happen or be the outcome under each of these situations:
a. Company B has filed H1 w/COS and it is under processing
b. Company B has filed H1 w/o COS and it is under processing
c. Company B has filed H1 w/COS and it is approved from a specific date
d. Company B has filed H1 w/o COS and it is approved from a specific date
Thanks much.
1. COS will be abandoned, but petition will still be processed. To return you need valid petition and visa stamp.
2. Petition will still be processed. To return you need valid petition and visa stamp.
3/4. To return after that specific date on H-1, you need visa stamp in your passport. To return on L-1, you can use existing unexpired L-1 visa stamp.
Thank you Saurabh!
I have following questions:
1. Can I leave US and re-enter on L1 while the H1 petition is still in processing? Essentially it means when I leave US, the H1 petition was in processing, and when re-enter US on L1, the H1 petition is still in processing.
2. I have heard that even though the H1 petition is approved, the visa stamping may get rejected. I will have a full time permanant position with Company B which is a Fortune 50 company. Could there still be any serious challenges in visa stamping?
Thanks much!
1. Yes you can. Your COS will be abandoned. So even when your H-1 gets approved, you will remain on L-1. You will have to file COS to H-1 or go out of country, get H-1 stamped and return on that stamp to be on H-1.
2. There is lower probability of rejection happening if filed through a major employer. The probability is high when filing through small to medium consulting companies.
Hi Sourabh,
Assuming the H1 petition is approved w/COS effective from Dec 1,2011,
Can I leave and re-enter US on L1 as many times before the H1 start date? Will the COS get abandoned in that case?
Thanks for your help.
If you enter US on L-1 prior to 1st Dec, then your status would become L-1 and would not change automatically to H-1 on 1st Dec.
OK, I understand. So if I leave for India before H1 starts, I should rather get the H1 visa stamped and then enter US on or after Dec 1,2011. Is that fair statement?
Thanks in advance.
Saurabh,
One more question. Does applying w/COS costs more?
Yes, especially if you want to be on H-1 from 1st Dec. I don’t think it costs more when applying along w/ petition itself. If filed separately, it costs around $320 or so.
Thanks Saurabh.
So it implies that applying w/COS makes sense and is useful only when someone wants to switch job from L1 to H1 without leaving the US. Please counter if my understanding is incorrect.
That is correct.
Thanks Sourabh! I know this thread is running a bit longer. Hopefully this will be my last question 🙂
My prospective employer (company B) has filed for H1B petition (effective from Dec 1, 2011) w/COS and with premium processing option. So hopefully I will have the result by Sept 15 or so. Once my petition is approved, I plan to resign from my current company and there’s a chance that they might ask me to go back to India. From this thread I understand that if I leave US while on L1-status, and in order to join my prospective employer (company B) and to re-enter US on H1 all I will have to do is get the H1 visa stamped from India. So, if I have to go back to India (with H1 petition approval) in Sept, I plan to immediately go for H1 visa stamping in India. The question I have is;
1. Is there any serious threat in going for H1 visa stamping in Sept given the fact that H1 actually becomes effective Dec 1, 2011?
2. What are potential chances of rejection without even having started to work for company B on H1 ? As mentioned earlier, company B is of a good repute in US, therefore I hope probability will be lower. Kindly provide your views.
Thank you so much for you guidance.
1. One can go for stamping at most 90 days prior to actual start date. So you should be able to go in Sep for Dec start date.
2. They would see at B’s reputation and if it’s a consulting company then they would ask for client/project information. Most of the rejections are around employer credentials and project/client information.
Hi,
I have a question. My employer from india trying to initiate a L1A visa for me. the project requirement is very critical. I just wanted to know what is the normal processing time for L1A visa. I have not travelled to US before.
You can see the times on USCIS website for I-129S. Typically it’s around 2 months. Visa stamping would take another 1 week or several weeks, depending upon if 221g is issued or not.
Hi Saurabh,
My L1B blanket expires this Oct. However my I-94 is valid until 2013. I know I can stay in US based on my I-94, but Can i continue working beyond Oct based on my I-94 validity or do i need to apply for L1B extension…
My I129S also expires this Oct. Please let me know…
Thanks,
Kitti…
You need to have an unexpired I-129 in order to work beyond Oct. Even if I-94 allows you to stay in US, that’s not the right thing to do. You are here on L-1, and you need to maintain that status. Staying in US on L-1 and not working will put you out-of-status.
Thanks Saurabh!
Hi,
I am working with Company A on L1B visa.
Company B has filed my COS from L1 To H1B Visa, which will come sometime in October first week.
As per what i know that once i get my COS to H1B i cant work anymore for company A. Does that mean i can’t serve the notice period in Company A?
That is correct. You are supposed to work for the H-1 employer from the start date mentioned in the approval notice. You will have to work it out w/ L-1 employer on how to serve notice period, and also ensure that your actions don’t hamper your legal status in US.
Thanks Saurabh.
One more questions.
If my premium L1 Visa extension fails and then we immediately file H1B COS with premium
Is there any bearing on COS to H1B after the L1 extension is denied or RFE comes by or it doesn’t matter?
L-1 extension’s rejection wouldn’t impact H-1 that is filed soon after. Although you need to be in valid legal status when applying for COS (i.e. working for L-1 employer and an unexpired I-94).
Hi Saurabh,
i’m currently on L1B visa. My visa expires on aug 31st, but my i-94 is valid till 2014. I want to change from L1 to H1 .But my friend told me that i need to have a client letter to apply for H1B through a consulting firm. Otherwise they would reject it. Is it true?…. Looking forward to the answer as it’s very crucial for me..Thanks very much
Yes, USCIS would most likely ask for client letter when the petition is filed through a consulting company, especially a small one. This is done so that USCIS can be sure that your employer would be able to pay you salary on regular basis (small companies do not have cash in bank to burn through while a person is on bench). But if your petition is filed through a non-consulting company, client letter is really not required.
Thanks for your quick reply Saurabh. If that’s the case, can i apply for a job and after getting it, take the letter from client and apply for H1?
You can find an employer, and apply for H-1 after you have a project in hand. As the process takes 2-6 months, you may have to file w/ premium so that you can start working for the employer/client soon (not many clients like to way months for a person to join).
Hi Saurabh,
My husband is on L1a with Co. A and now Co. B(Consultant) is filling his H1b..He came to Us on June 2008 and our visa got expired on April 2011 but we have I-94 till Dec 2013….This consultant is ready to file our GC too and my husband would join them from Oct 2011 and Co. A does not file GC :(:( ….But looking at current US market scenerio when second recession is at the door….
1) Is it advisable to make the plunge from L1a to H1b?
2) How long does I-140 and EAD takes in EB2 status of GC?
3) In case if my husband moves on H1b from Oct 2011 and by next year Nov i.e. 2012 if we plan a trip to India for a family function and get our visa stamped and it gets rejected what would be the impact on our GC?
4) Does travelling to India after I-140 approval makes any difference….I mean does it reduces chances of rejection of visa? Please Reply
Thanks,
Ann
1. It depends upon your long term plans. Being on H-1 doesn’t allow the spouse to work. Also, the success of H-1 petition and GC depends a lot on the employer as well. As B is a consulting company there is always that fear of it not going through.
2. Depends upon the country. For India, China there is a huge backlog and process may take 4-6 years. For ROW, it is faster (I think dates are current).
3. GC process may still go on. However, if you are no longer able to return to US, your employer may stop showing interest in pursuing the GC.
4. It doesn’t give a huge advantage. The officer will still evaluate the company, job etc
Thanks a lot for your advice…I really appreciate it!
Hello Saurabh,
This is in extension to my previous query. To give you a quick background, I am currently on L1, and have got my H1B filed through Co. A. Now I have a better job offer from Co. B, all the formalities have been completed and they are filing my H1B on premium in a week’s time.
Now to add to that, there has been a RFE issued on the petition from Co. A. I am yet to talk to Co. A to understand what the RFE is for, but seems that the company has not provided sufficient docs.
Now my queries are.
1. Will the RFE on Co. A’s petition can anyhow affect the USCIS’s decision on Co. B’s petition?
2. Say the petition from Co. B gets approved and I start working with them from Oct 01, while the petition from Co. A is still on hold. Now post Oct 01, if the petition from Co. A happens to go through, will that have any legal obligations for me to continue working with Co. B?
3. Now that Co. A’s petition is on RFE and Co. B is filing on premium, I expect to get Co. B’s petition approved ahead of Co. A. So later if Co. A’s petition gets approved (before or after Oct 01), believe I can still opt to work with Co. B starting Oct 01 without any complications. Please confirm.
Thanks,
Dickey
1. No
2. You can continue to work for B, or start working for A.
3. Yes
Saurabh,
Many thanks for your inputs once again, much appreciated.
cheers
Hello Saurabh,
There is something which crossed my mind so thought of clarifying with you.
In reference to my earlier communications, for scenario where A’s approval comes after B (before or after Oct 01), while I have already planned to join B, will I ever require the I-94 from A’s approval. Since that would be my latest I-94 (considering H1B petition from Co. B has been already approved before A), are there chances where I might need to produce the I-94 from A, or should the I-94 from Co. B be all good and I can simple ignore the I-94 from A? Please clarify.
Thanks,
Dickey
No, you won’t require A’s I-94. Both A and B’s I-94 will be for H-1, and so it doesn’t change your status. The only difference that would matter is expiration date. For example, B’s I-94 is till Dec 2013, while A’s I-94 is till Feb 2014. In this case, you can legally stay in US until Feb 2014 based on A’s I-94. However, as you plan to join B, that shouldn’t matter to you as B would have to file extension in 2013 to allow you to stay and work in US beyond Dec 2013.
Does that answer your question?
Yes that definitely helps, much appreciated.
Ok, may be one last thread, how about this? If down the line say I go back to India (while I am with Co. B), get my visa stamped and come over. And then if I switch over to Co. C, next time when I travel to India, will I have to again go for stamping, or can I travel back based on C’s approval and my existing stamping from B, provided that is still valid? Please suggest.
Thanks,
Dickey
Yes, you don’t need to go for stamping again and can use B’s visa stamp to return even though you would be working for C.
I have already spent 3 years in USA under L1B for Company X. If I get H1B approved for Company Y and company Y also apply for Green Card , then what should be the renewal process. Will I have to submit H1B extension every year? How long I can stay in USA?
Thanks
Anis
Beyond 6th year of H-1, 1 year extensions are provided. Once I-140 is approved, one is eligible for 3 year extensions.
Hi,
My husband L1B (Blanket) with company A is getting expired on 3rd oct 2011.
We have I-94 till 2014 and extended petition till 2013.
My questions are –
1. If we go for extension visa stamping before current visa expiration and if extension visa is rejected will our current visa become invalid?
2.Company A is ready to file for H1B. If H1B is filed after 3rd Oct 2011 and if it gets reject will our stay become illegal based on our I94 and extended petition.
3. Company B is also ready to file our H1B. If H1B from them after 3rd oct 2011 get approved then how long my husband can work with company A.
If H1B get approved from company B before 3rd oct 2011 how long my husband can work with company A.
1. They may cancel your existing visa as well. Most common reason for visa rejection is that job doesn’t require L-1 skill set. If that is true, then same applies to current visa stamp and they can cancel it as well.
2. When you say your Blanket is expiring on 3rd Oct, do you refer to visa stamp in the passport? When is your I-129 expiring?
3. If COS is applied and approved, then you need to start working for H-1 employer from the date mentioned in the approval notice. If COS is not applied or denied, then you can continue to work for L-1 employer.
Hi Saurabh,
Thanks for reply.
Yes our visa stamped in passport is having expiry date of 3rd oct 2011.
Our I-94 is valid till march 2014.
Our I-129S is having date till 2013.
Please ans my Question 2 in initial post.
As long as you are in US, 3rd Oct 2011 holds no significance. Even if H-1 gets rejected, he can continue to stay and work on L-1 as his I-129 and I-94 would be valid. Visa stamp comes into play only when you leave US next and want to re-enter on L-1 visa.
thanks a lot for reply.
Thank you very much for your explanation. I have following question.
1) My L1B for company X is expiring on 15th AUG 2011. Company X has already filed L1B Extension on 26th July 2011. Suppose Company Y will file H1B with COS on 1st Sep 2011 W/ PP. I can assume I will not get any result of L1 Extension till then.
Is there any chance of Company X can get to know that my H1B petition has been filed? As per your earlier comment , there is a possibility if my H1B get RFE. Please correct me if I am wrong.
If H1B was filed as W?O COS , still is it possible Company X will get know? Is there any way which will make sure company X will not know from USCIS?
2) If my H1B get approved with COS say by 15th Oct-2011, then I can start working immediately. But then I need to request company X to withdraw L1B extension petition. Is company X bound to withdraw if I request as I am no longer employee of Company X?
3) Is it possible to apply H1B while I am in INDIA ? What is the steps of applying for H1B from India?
Thanks
Anis
1. There is a very slight chance that X would know about Y. This could happen is Y’s petition runs into RFE, and X’s petition is put on hold until X is resolved. It doesn’t happen usually, but there is a slight chance.
2. Yes, it’s better for them to withdraw the petition. If L-1 extension gets approved, then your final status would become L-1 and you would have to work for L-1 employer. As you are no longer working for L-1 employer, it makes no sense for them to continue w/ the extension. But I am not sure if they are bound to revoke it or not.
3. Same steps as applying from US. You would still need to submit L-1 payslips. The only difference is that will always be applied w/ the option of consular processing (i.e. get visa stamped before starting to work on H-1).
Hi,
I am working on L1-B for a Company ABC and filed H1-B with COS through employer XYZ & I am aware of that I can only start working for XYZ starting from 1st October if my H1-B gets approved by that time.
Question1: If my H1-B got approved before October then what Should I do. I mean when should I put my resignation to the Company ABC. Is that before October or after.
Question2: If my H1-b got approved In/after October month then when should I put my resignation to the Company ABC. Untill how many days I can work with the current company after I get my H1B approval.
Wondering is there any specific time for this!!
Appreciate your Help!
Tahnks,
Sri
1. Continue to work for ABC until 1st Oct, and join XYZ from 1st Oct. You should time your resignation accordingly so that you join XYZ from 1st Oct
2. One is supposed to join H-1 employer from approval start date. However, if you spend reasonable time (say 1-2 weeks) more w/ L-1 employer, your attorney can still explain it (in case USCIS questions it in future).
Hi, currently I am on L1B and working for company A. I recently applied for H1B through company(consultant)B and H1B was filed on May20 2011. I believe I would get the status by Aug mid or end. What if my H1B get approved and I don’t wish to change my status for another 5 to 6 months? Would my H1B still be a valid one unless I go for stamping? Can I work on L1B after when my H1B get approved? Appreciate your response. Thanks in Advance…
Was your H-1 filed w/ COS? If it was filed w/o COS, then you can be on L-1 as long as you want. Whenever you decide to move to H-1, you need to file COS or go out of US and get H-1 stamped.
If your H-1 was filed w/ COS, then you will be on H-1 from the approval date. To avoid being on H-1, you should travel out of US and return on L-1 while it’s pending as this would cause USCIS to abandon your COS.
Hi,
My husband is on L1 B visa that expired in June 2011. He has already applied for an extension in June. I am on H1B visa with another employer. I have a few questions.
a) If the L1 extension for my husband is rejected, what are the options available with us such that we can continue our stay and Job in US.
b) Can my husband try for getting a H1 visa with another employer? If his H1 is approved before L1 extension results, will approval/rejection of his L1 extension still matter?
c) Can his own employer(with whom he is on L1) apply for his H1 right away? If his H1 is approved before L1 extension results, will approval/rejection of his L1 extension still matter?
d) What is the role of COS in these above scenarios?
e) In worst case, Is there any other option, say first my husband gets H4 visa and then tries for H1? what are the possibilities for such approvals? is H4 approval also dependent on the L1 extension approval/rejection?
Please guide us how to proceed as the trend in my husbands company as seen by now is that 2 L1 extensions have been rejected for people in his project in last 2 months and there are another few cases where RFE has already come on L1 extension.
Thank you in advance, please guide.
Teena
1. He can move to H-4 or file H-1 through same/different employer. He can also move to F-1. However, some of these statuses do not allow you to work.
2. Yes, he can have H-1 filed through another employer. Having both H-1 and L-1 in parallel would start a race scenario. Depending upon what gets approved later, your husband will either be on H-1 or L-1 once both gets processed.
3. Same as 2
4. When filing H-1, he would also need to file COS if he wants to be on H-1 after the petition gets processed. If he wants to continue to be on L-1, then COS shouldn’t be filed. However, it would become tricky if COS is not filed and L-1 extension gets denied. If COS is not filed and L-1 extension gets approved, then he can continue to stay and work on L-1.
5. Yes, he can move to H-4 and then later move to H-1. This would give him more time to plan and find a good employer for H-1 (unless you already have someone ready to file his H-1). Again, filing both H-4 and L-1 in parallel will lead to race scenario. Read answer 2
If L-1 extension has been denied for other people w/ similar job/role, then it’s better to be prepared for the worst. You should consult an immigration lawyer to see how it would play it, if a COS is filed in parallel (H-1 or H-4). Lact Action Rule would dictate what his final status would be.
Let me know if you have additional questions.
Thank you so much Saurabh, this a a great help.
Just another doubt, in any case when we apply for H1/H4, and they are approved, and then later L1 results come as rejected, then would his H1/H4 approval stand authentic?
is it COS based? like if we apply for COS also, the L1 rejection doesnt matter and otherwise does?
many thanks again.
Teena
Yes, H1/H4 wouldn’t be impacted because of L-1 extension rejection.
If H1/H4 was approved w/ COS and L-1 extension is denied, you end status would be H1/H4 and you need to maintain that status. If H-1/H-4 was approved w/o COS and L-1 extension is denied, then your end status would be L-1 (which will be no longer valid). You will have to leave US at that point as you will have no valid status.
Hey Saurabh, while surfing through new i also found that once L1 I-94 has expired, one can not apply for COS. is it true?
As in my husbands case i-94 expired in june end. So now he can get his H1 applied w/o COS and if that is approved, he needs to fly back to india to get it stamped?
considering he gets his H1 stamped in india, and after that his L1 extension case results (approval/denied) will not matter, right? or is there anything like his employer needs to take back his L1 extension case before he gets his H1 stamped in india.
If so, is that also a time taking process and will that hinder his his H1 stamping, if approved?
Also, if his company does not apply for taking his case back, and he gets H1 approved and stamped, how will the L1 extension approval and denial affect his status in US?
please clarify, thank you.
That is true. His subsequent COS may be denied because his current I-94 has expired. So he can file the H-1 w/o COS, and then leave the country.
Once he leaves US and his L-1 extension gets approved, he will have to go for H-1 or L-1 stamping. He can carry the documents for the necessary visa and get it stamped. If he is leaving US, his employer may want to withdraw the L-1 extension, especially if he doesn’t foresee bringing him back to work for the client on L-1.
Once he leaves US, he has no status. Status is applicable only when one is in US. When in India, he will have no status and so it doesn’t get impacted w/ L-1 approval/denial; although he may be questioned about it during H-1 stamping.
Looking at the various possibilities involved, it’s better to discuss the case w/ an experienced immigration lawyer.
Hi,
Thanks for all the queries answered. I have a query.
I am working on L1B for Employer A. I have applied for an Extension and we know i can stay upto maximum of 240 days once we have submitted for an Extension.
After 5 months i received an RFE now. my question is whether there a possibility i can’t get result by 8 months as RFE responses are delayed now a days taking easily 3 months i feel for normal processing. what are the options available if the result does not come within 8 months from submitting extension as i have already completed 5 months.
You can upgrade it to premium processing to have USCIS adjudicate it early.
Hi,
I was working for an indian company on L1 visa and I got transferred to H1 with a different employer. My employer did not file my spouse H4 visa along with me. He said he would file after my H1 is approved.My H1 was approved with change of status in Jan 2011. I resigned from indian company in February 2011. My employer filed my spouse H4 visa only after I joined him, means in march 2011. Now USCIS is asking for evidence. They are asking whether my spouse has valid visa when he was applying for H4. What do we need to answer them?
The day you moved to H-1, your wife’s L-2 became invalid. So anytime she spent in US on L-2 while you were on H-1 is not a valid status. Your employer didn’t do the right thing by waiting for her COS. You can explain the situation to USCIS, but I don’t know if they will buy it. If denied, she can still try to get H-4 stamped from outside and then enter on that visa stamp and be on H-4.
Hi,
Visa Type: L1B
Expiry Date: Oct 5th 2011.
My company is filing my L1 B extension. In case there is an RFE or Rejection then my company will do a change of status to H1B so that i can work in USA. In this regard i have the following question.
1. If there is a rejection for L1B extension can my company appeal? Is this appeal allowed only for special cases of rejection or all cases of Rejection.
2. In case RFE comes by after my visa validation date for e.g. RFE comes by October 15th and visa expires by October 5th. In this scenario my company can still file for COS to H1B on my L1Visa (since my visa extension is not yet denied)?
2. In case there is rejection comes by after my visa validation date for e.g. October 15th and visa expires by October 5th and my company files for appeal. In this scenario my company can still file for COS to H1B on my L1Visa (since my visa extension is under appeal stage)?
3. Since my L1B visa extension will be file end of this month and will wait for its result. Till which date i can wait before i can parallely file for Change of Status to H1B? (My visa expiry date is October 5th)
1. They can either file an appeal or MTR. Depending upon what additional documents your company submits, your petition may or may not get approved. The process is lengthy and may take up to a year.
2. Correct
3. I don’t think staying in US based upon a filed appeal constitutes legal status. Check w/ an attorney.
4. If I were you, I will file L-1 extension w/ premium processing. Then based on it’s result I will immediately file H-1 COS (again w/ premium processing).
Thank you so much for your reply.
Your reply to my question 2.
How it is valid to file COS from L1 to H1 when the L1 Extension reply comes in as RFE after the L1 Date is expired?
At times, attorneys are able to attach a letter explaining the situation. However, COS needs to be filed immediately if L-1 extension is denied. Depending upon attorney frames the letter, and how much time you spent after the denial to file for COS, USCIS may or may approve the COS.
thanks.
You mean it will be risky after October 5th (that is my visa expiry date) to do a change of status to H1B if an RFE or denial comes by.
Your 4th Answer.
If my premium L1 Visa extension fails and then we immediately file H1B COS with premium… and my reply to H1B COS with premium comes after October 5th… Am i eligible to stay and work in USA after October 5th since i am waiting for the COS result?
Yes, it is risky.
It is my understanding that you cannot stay in US beyond 5th Oct, even if your H-1 is pending w/ or w/o COS. This is because your L-1 status would have expired, and H-1 status wouldn’t have been approved by then. You should also check w/ an immigration lawyer to be certain.
thank Saurabh.
Just final question.
As per you i will do the following
If I were you, I will file L-1 extension w/ premium processing. Then based on it’s result I will immediately file H-1 COS (again w/ premium processing).
After L1-Extension with premium fails.. i can still apply for COS to H1 given that i file well before my expiry date (or better if the COS to H1 with Premium reply comes before expiry date)
Sounds good to me. However, you will have to check w/ your employer to know how willing they are to have the petitions filed as premium.
Hi,
I am currently in the US with an L1B visa for the past 2 years. I am getting an offer which can sponsor my H1b visa. My question would be the following:
1. If I go home to my country after my assignment and while waiting for the processing of the H1b visa, will there be any issues or I can wait for it from my home country?
2.If my L1b visa expires before the H1b visa comes out, will there be any issues about that or would that just mean that I need to go home and wait for my next visa?
Thanks in advance!
1. If you plan to leave US while H-1 is under process, then it’s better to file it w/o COS, as COS will be abandoned once you leave US. You can then wait for it’s approval from the home country. Once approved, you can go for stamping and then enter US on the stamped H-1 visa.
2. Your assumption is right. You need to leave US once your L-1 expires and then continue to wait there until it gets approved.
Hi,
I am currently working in US on L1B visa for company A which is valid till Nov.2012. Earlier i had a H1B from same employer (company A) which expired in April 2009 and I have never travelled with that H1b.Now am planning to do a H1B for myself.
Given this can you please clarify the below?
1. Do i fall under the H1B cap for FY2012. ?
2. Do i need to wait until Oct1,2011 to work for my H1B sponsor?
Thanks in advance.
1. If your employer submits the old H-1 petition as proof that you have already been counted in the quota, then you are not subject to FY-12 quota.
2. Considering you are not falling under quota, you are not subject to 1st Oct start date.
Thank You for quick response.
Since I had an approved petition already will that be an advantage? Say like the chances of getting my petition rejected this time is lesser. I heard that the rejection rate is higher now-a-days? Can you please clarify?
Successful approval of petition depends upon:
1. how genuine your proposed job is
2. how credible your employer is
3. whether you maintained legal status while you were in US
Hi,
My husband is currently on L1,and i am on L2 EAD.I got a job in some other location in US.He gave an interview for the same location and got selected.Now his consultant is processing his H1b but mean time the consultant is asking him to join the company as a trainee giving him an offer letter in which a pt states that:
“Commissions.
Company will compensate Independent Contractor as follows: $45/hour , paid bi-
weekly from August 15, 2011 following training period through October 1, 2011 or arrival of
H1B Visa documentation.”
Is it legal in US?
my second question is if my husband applies for H1,does my L2 EAD expires on the same day or on the day of H1 approval?
Thanks
He cannot join the company as trainee until H-1 gets approved. Until his H-1 is approved w/ COS, his status will remain as L-1, and he needs to continue working w/ L-1 employer.
Once H-1 is approved w/ COS, he should start working on H-1. The salary you mentioned is ok (from legal perspective), as long as it is more than what is quoted in the LCA. If the LCA mentions $50/hr salary, then he cannot receive $45/hr irrespective of whether he is on training or not.
Your L-2 will expire from your husband’s H-1 start date.
Hi,
Many thanks for helping out people like us. I have a question, not sure if this is already answered in some previous thread.
I am in US on L2+EAD and my spouse is on L1. My spouse’s L1 will be expiring in 2013 but he will be reaching out 5 years in US on L1 limit next year. Now, he is thinking of filing H1 with the same employer. In that case I will have to go for H1 as well if I want to continue working here and my employer is ready for filing H1 for me. My question is- can my employer file GC for me on L2 visa itself? If so, what are the options my spouse will have to continue working here, can he change his visa from L to H? Will this affect my GC processing?
Thanks in advance for any help.
Regards,
Pooja
Yes, the GC can be filed while you are on L-2 as both L-1 and L-2 are dual intent visas. The GC itself may takes years depending upon whether it’s filed in EB2 or EB3 category. So don’t count on it as an option for your husband to continue working in US.
One option could be – you both move to H-1 and have your GCs filed. Being on H-1 allows extension beyond 6th year (based on pending GC); something that is not available when on L.
Let me know if you have any questions.
Thanks a lot Saurabh. The only doubt I still have is that what will happen to my GC filing (assuming filed on L2) if a) my spouse moves to H from L, b) my spouse completes 5 years on L and moves back to India.
Again, many thanks for helping people like us.
GC is independent of your current visa status. However, if you move to H-4, you will no longer be employed, and I don’t know how much the employer would be interested in processing the GC. If you move to H-1, then you can still be employed w/ the employer and they would have vested interest in processing your GC.
Even if your spouse (or for that matter you) move back to India, GC can still be processed. Again, in case you move back to India and are no longer employed w/ the employer who filed GC, they may decide not to pursue GC.
HI,
I really appreciate the way in which you are helping many people. Today I need your little help.
I am working in America. I am on L1 Visa with company A(Valid till Oct 2012). I have applied my H1 visa through Company B and it is approved. Now my company A is planning to send me to India on 25th August. I am trying my level best to extend it for 1 more month. But it looks like I will not be able to buy more time because my company is forcing me to go back. And if I dont go back then my company can terminate me from job and may cancel my L1 Visa.
1) If my company terminates my L1 visa in August, then will I be eligible to stay in US till October? Will I be out of status?
2) Cant I get grace time till October because my H1 is already approved?
Please guide me.
Thanks,
Cipher
If your company terminates your L-1, you will have to leave US immediately. There is no grace period provided. Staying for 3-4 days to wrap-up/sell things is still ok, but anything more than that can raise questions from USCIS.
If you want to stay after your L-1 employment ends, you need to file COS to another visa status, like B-1. However, that involves it’s own complications, as you will have to first file L-1 to B-1, and then B-1 to H-1 COS. There would be additional scrutiny for each COS. For first COS, you may have to show the purpose of staying back in US on B-1. I don’t think waiting for H-1 to kick-in is a valid reason for being on B-1. For second COS, you may be asked about your intent of using B-1 to move to H-1. There is a 30-60-90 day guideline one needs to follow for COS from B-1/F-1 to H-1. If you file COS within 30 days of being on B-1, USCIS may deny the COS. The probability of denial gradually decreases as days elapse and is minimal after 90 days.
If your H-1 employer has an attorney, you can take additional legal advice from them.
Hi,
Currently my husband is on L1 Visa and I am on L2 visa. Now, if my husband change the status from L1 to H1B then my visa status will be H4. My question is : After change of visa status, if i alone go back to india, Do i require principal visa holder’s (i.e. my husband) H1B stamped passport copy. Will I get my visa stamped as H4 without my husband’s H1b got stamped.
Thanks in advance.
Yes you can do that. You still need to carry copy of his 797 along w/ his payslips, employer information, client/project information when going for stamping.
Some years ago, H-4 stamping was more of a formality, but recently interviews have become more grilling. Officers are using it as an instance to validate your spouse’s employment, employer’s credentials etc. So carry enough documents related to your husband’s employment to avoid issuance of 221g.
Hi,
I have L1 visa from A company. I applied H1 from Company B and got approved. If i get H1 stamped will my L1 get cancelled. Please let me know ASAP.This is urgent.
Regards
Shyam
Most of the times, VO cancels existing L-1 visa stamp when going for H-1 stamping. If you don’t want it to be canceled, you can request the VO not to do so. But there is no surety that he will agree to your reasoning.
Hi,
Currently I am working for company A.They had recently filed my L1B visa.I got L1B 20days back.we are in india now.
Now I got other opportunity.companyB is ready to file my H1b visa.
can i file my H1B visa immediate to L1b stamp.Is ther any impact .
Please clarify my doubts as early as possible.
Thanks&Regards
Sandy
Your L-1 stamp may be canceled w/o prejudice when going for H-1 stamping. However H-1 stamping itself may be 4-5 months out (assuming petition is filed w/o premium processing). So there is no impact when the petition is processing, but L-1 visa stamp may be canceled when you go for H-1 stamping later.
Hi
My Spouse is on L1 visa. i am dependent on her . can i apply for H1B as dependent ?.should we both apply for H1B status ?
Advance Thanks for your Response
Yes, a person who is currently on L-2 can find an employer and have him file H-1 for him/her. It’s not necessary for the person on L-1 to move to H-1 at the same time. S/he can either continue to work on L-1, or also have an employer file H-1 for him/her.
Does that help?
Hi,
Currently I am on L1B Visa which expired in April2011, but I can stay and work in US since my I-94 is valid till April 2014. My question here is, can i search for a job in US and get my H1B filed through the new employer or is there any other way for getting L1 visa converted to H1B. Appreciate your response.
Thanks,
Gaurav
Irrespective of what your current visa status is (L-1 or L-2 or F-1 or H-4 or none when filing from India), H-1 always needs to be filed by an employer. There is no alternate route.
The employer will file H-1 for you, and submit your existing L-1 documents as proof that you have been maintaining status in US. Once approved, you can either start working immediately on H-1 (if COS is approved) or continue working on L-1 until H-1 visa is stamped from outside US (if COS is not applied or not approved).
Hi Saurabh, First of all thank you for answering our queries, this will really help us out.
My status is
1 . I have L1B status, and I want to file for H1
2. My spouse is working on L2 + EAD alreay with a firm and want to file H1
Now the question is
1. If we both file for H1 w/COS and say I get my H1 approved on 15th Sep, but for her it is still under processing, so on 1st Oct, when my status changes from L1 to H1 , can she continue to work on L2+EAD ? (As I dont have my L1 status active, does it invalidates her L2 status ?)
This can be a tricky situation. Once your COS gets approved, her L-2 is not longer valid and she should stop working on EAD. To avoid complications, she should file her H-1 w/ premium processing so that she can get her approval prior to you. This would allow her to be on L-2 until 30th Sep 2011, and be on H-1 from 1st Oct onwards (assuming COS is approved prior to 1st Oct).
Then, whenever your H-1 gets approved, you can start working on H-1 and stop working on L-1. This can get little tricky if her petition runs into RFE and delays the process.
Let me know if you have any questions.
Hi Saurabh, thanks for the information, the currect situation is
1. She has started the paperwork for H1 filing with her employer,
2. I contacted a consultant who is willing to sponsor my H1,
The consultant advised me that even if I get the approval for my H1, he will not activate my H1 unless my spouse H1 gets approved, and also suggested that I dont have to worry, it is up to the consultant when he wants USCIS to inform and activate my H1, he also assured that even it gets approved, you can continue on your L1 visa till the time you want. And let us know when do you want to activate my H1.
If what he is saying is correct then I can file my H1 and wait will my spouse H1 gets approved. Can we do this ?
In addition of this does for all L1 to H1 cases, do they have to leave the L1 employer immediately after 1st Oct or on the day it gets approved (say 15th Oct) ?
Appreciate your reply.
Thanks
If you are consultant is trying to control the start date through COS, then yes he is right. He can file the initial H-1 w/o COS, and then when you really want to start working for him, he can file the COS. Once the COS is filed and approved, you have to start working for H-1 employer and not for L-1 employer. This needs to happen from the approval date mentioned in the I-94 that arrives w/ the petition (it can either be 1st Oct or even 1st Dec).
You can check w/ an employer if you want.
Hi Saurabh, thanks for your reply,
Yes he is trying to control with COS, he suggested to file w/o COS for H1, and when ever he wants me to activate it he can immediately do it.
The thing which I do not understand is he is saying that he can do a COS from L1 to H1 immediately whenever I want after the H1 is approved, and from our redbus forum what I understand is that COS filing itself takes 2/3 months, no PP, and I should not work in H1 until my COS is approved ?
Thoughts ?
Yes, it wouldn’t happen immediately. The processing may take 2-3 months, and there is no PP option available just for PP. The other thing you can do is travel out of US, get H-1 stamped and enter to work on H-1. It’s a much faster route but involves the risk of getting stuck w/ 221g during H-1 stamping.
Hi Saurabh,
Currently I am L1A (Individual) Visa and my Visa is good till Nov 2011. My question here is, can I get my Visa extended from here (US) itself or do I need to go back to India and get it done. As per my understanding, I can get it done from here. But, someone recently told me that the rules have changed and I would need to go back and get it extended from home country. Is that true? Appreciate your response.
Thanks,
RS
Yes, one can get it filed from US as well. However, lot of companies prefer to file the extension from home country and would want you to return and then file for extension. There is no rule that says that extension cannot be filed from US.
Hi,
Fist let me appreciate about this website as very helpfull to ALL.My question is:
I was working for company X and company X had applied L1 B for and i had done stamping as well but then i left company X and joined company Y but my L1B was valid april 2012.Now Company X is again asking me to join,so now my question is: Is there any possiblity to use same L1B visa for other customer of company X(which had filed L1B)?
A new I-129 needs to be filed if you want to use existing L-1 for a different client. L-1 visa is still valid if you have worked for the employer for at least 1 year outside US in past 3 years.
Hello,
This thread is really useful information for every one..
I do have a question.Could you Please give a reply as early as possible..Because this is very urgent case.
I have a L1-B visa which expired on April 2011.My Company applied for L1-b Extension. I got RFE.Due date for sending the answers is end of this Month(July 2011). I have a valid H1-b petition,This H1-B will expire on September 2011.Now I got a job offer to another company using H1-B.and there are 2 layers, Vendor and company B. My Questions are
1. Can I apply change of status and H1-B extension at the same time.
2. Is it ok to apply Change of Status , When I got RFE for L1-B.
3. Company B asking me to join with in August 2nd Week. So How much time will it take for Change of Status.
4. What are the chances of getting COS and H1-B Extension, even after I got Questions for L1-B.
Thank you in advance.. Please give reply soon.. This is very urgent for me..
1. Yes, the employer can file for COS and extension at the same time.
2. Yes
3. It may takes months. If company B wants you to join in August, then should file it w/ premium processing (takes 15 calendar days for adjudication, unless RFE is issued).
4. It may or may not impact depending upon the RFE reason for L-1. If it was related to L-1 employer or your work, then it’s not related. If it was related to you or your status then it is related and may impact.
Remember, your H-1 needs to be filed before your L-1 extension gets denied (in case it does).
Hello,
This thread is really a useful information for every one..
I do have a question.Could you Please give a reply as early as possible..Because this is very urgent case.
Hi.
Thank you for a very informative article. However i have a small query.. please help in rectifying it.
I am a L1B holder with my wife having L2.. I am planning to change my visa type from L1 to H1.. However i found that there are two ways of doing it… one being COS and the other Consular Processing.. which one is better ?.. also i have seen websites saying that if i do a COS i would not be able to travel back to US if i travel to India.. I would like to travel to India during vacations or once in a while to meet my parents.. In such a case.. which kind of processing would you suggest? Will COS hold good ? can i get H1 stamped even when processed through COS ?
That is not true. If you file w/ COS, you can still travel to India and come back to US. However, you will have to get H-1 visa stamped in your passport so that you can enter US on H-1 visa stamp. So you can travel back and forth, as long as you get visa stamped in your passport.
If you want to start working in US on H-1 w/o needing to go out of country and get H-1 stamped, then COS option should be used. If you don’t file w/ COS, then your status will remain L-1 and you will have to go out of US get H-1 stamped and then enter on that visa stamp to work on H-1.
Hi
First of all thanks for the help you have been doing.
I am working for a bank on L1A visa for the last one and half years and never been to India so far. Now i wish to change to H1b and in the process of finding an employer. My questions are :
1. How long does it take to get the H1 visa approved with premium processing?
2. After the approval (if approved), is there a possibility that i can start working with the new employer on H1b immediately instead of waiting till oct2011?
3. Can i continue working on L1 with my current employer even if the H1 is not approved?
4. If my H1 is approved and L1 still valid (considering i start working only from October), can i travel to India and come back using my L1 and not go for stamping on H1?
Thanks in advance….
1. Premium processing gets adjudicated within 15 calendar days, unless RFE is issued, in which it can take up to 1-2 months.
2. You cannot start prior to 1st Oct as that’s the earliest start possible. Even then, you can start from 1st Oct if H-1 if filed and approved w/ COS.
3. Yes you can (rather should) do that.
4. Yes, you can do that. But your status will reamin L-1 and not H-1. To work on H-1, you will have to file COS from L-1 to H-1, or go out of US, get H-1 stamped and enter on H-1 visa stamp.
I hope you are clear about difference of filing petition w/ COS and w/o COS.
Thanks a lot for your valuable information.
I have three clarifications……
1. Will my current employer know that i have filed for H1 visa?
2. Do i need to take care about filing a petition w/COS or w/o COS or the employer/consultant take care of this?
3. If i manage get H1 visa and in the meanwhile my current employer decides to transfer me back to India, can i resign and stay in the USA until i start the new job in October?
Thanks
1. No
2. Your employer will file that based on your inputs.
3. No you cannot stay in US if your L-1 employer decides to send you back to US and your H-1 hasn’t started yet. In this case, most likely you will have to go for H-1 stamping in order to enter US again (unless your L-1 employer sends you back on L-1).
Thanks a lot
Hi Suarabh,
I just have one question on this further..
I am in US on L1B and my spouse is on H1B and for any reason if my employer wants to send me back to India and I dont want to go.. then in that case can I come on H4 Visa (dependent on my spouse visa) ? if yes how much time it takes and what is the process for coming to H4 visa? also at the same time can I look for any other employer who can file my H1B visa?
Thanks in advance.
If your spouse is already on H-1, then you can file COS from L-1 to H-4. In this case, you don’t need to leave country, get H-4 stamp and re-enter. Once COS is approved, your status will be H-4. You will need to get H-4 visa stamped only when you travel outside US next.
Yes, in the meantime another employer can file H-1 for you. If filed and approved w/ COS, you can start working on H-1 w/o requiring the visa stamp in your passport (again you would need H-1 visa stamp in your passport when you leave US next).
Old Refrence number:June 25, 2011 at 2:47 pm
Hi,
Today i received my passport and refusal workshhet. with the selected comments.
Section 212(a)(6c) which prohibits the ossuance of a visa to anyone who has misrepresented a material fact to a consular or immigration officer for the purpose of obtaining an immigration benefit.
what is mean and now what my next step.
any chance???
Regards.
They have decided not to issue you visa as they think that you or your employer have submitted one or more false documents/information. You should check w/ your employer/attorney to see what that wrong information/document was. To be true, the situation isn’t very encouraging.
Hi,
Thanks for your reply, I am thinking here is two way mis. One is my salary side doc which Islamabad consulate asking me when I attend 2nd interview. And 2nd my BSC degree with is not recognizing higher-education commotion. And as equal my experience is 12 to 15 years, which is equal my education. I am study one of my collages and when we all student done BCS then higher-education commotion announce the collage is not registering but collage provided him all student degrees. And now the collage is closed. My employer and Managing Paralegal know the me degree status but my paralegal said you will submitted this.Now I am standing very bad situation, the job side and visa side. please tell what can i do next.
Regards,
I am sorry, but I don’t have anything important to add :(. You should consult w/ your paralegal, and may try to appeal against the judgment, but it’s a tough task. Did you get your degree evaluated by a reputed education evaluation agency in US? I don’t know if that will help, but worth discussing w/ your paralegal.
Good luck!
Hello,
I am working with employer A, employer A has applied for COS this year to convert my L1 to H1. If my H1 COS is applied with a start date as Oct 1st, will my H1 be valid from Oct 1st or will it take 2-3 months to make it valid.
I am asking this to express my desire to join employer B by Nov if everything works out well.
My second question is that my current L1 visa is getting expired in Apr 2012, if in the interim I travel outside US while my COS is in progress, my COS becomes invalid, so I can come back getting my new H1 stamp before my COS date that initially was, say my COS date was jan 1 2012 and came back on Dec 2011.
Appreciate your help.
Thanks alot.
If your H-1 gets approved w/ COS before 1st Oct, then H-1 will be valid from 1st Oct. If it gets approved w/ COS after 1st Oct, then it will be valid from the date mentioned in the approval notice.
I didn’t understand your 2nd question, but will try to answer. Yes, COS will become abandoned. If you want to return to work on L-1, then you will have to use L-1 visa stamp to return. if you want to return to work on H-1, then you will have to get H-1 stamped in your home country and enter on that visa stamp. In case of H-1, you cannot enter more than 10 days before your actual H-1 start date. Even if you enter 10 days early, you cannot work until actual H-1 start date.
Hi,
I have a friend whose L1 expired in 29thJune2011. His company has filed for the extension before the expiry date and he has got the receipt for it. He has also got his H1B from a different company last year. He has applied for change of status and got am RFE. Now my question is
1. What is his status right now.
2. The RFE has asked for his current status. Can he send the receipt for the extension of L1 against the RFE.
3. If his change of status is rejected, will there be problem with his L1 extension.
Thanks
Raj
1. L-1 based on pending extension.
2. Yes, he can do that to show it was timely filed and that he is in status.
3. Shouldn’t as there are different requirements for H-1 and L-1.
Hi Saurabh,
Thanks so much for all your suggestions.It is really helpful to all of us.I have a quick question in this regard. I am currently working for Client X through my current employer Y on L1B Visa. I am planning to apply H1B (with priority ) from another employer Z and my Client X is ready to give Client Letter for my new H1B. As I cannot start to work on my new H1B visa before Oct 1st which means I have enough time to find another Client which has better billing rate but my new employer Z is suggesting me to work for existing client X at least for 6 month as they are issuing client letter for new H1B Visa . So, Just wondering is this any rule that i have to work for the same client which is issuing client letter or once i get new H1B visa i hve the option to select new client based on the rate i am getting.
Once your H-1 is approved, you can either work for the current client, or can work for another client. There is no set minimum period one needs to stay w/ the client after H-1 gets approved.
Your H-1 employer might be having concerns about being termed unprofessional. If the client issues the letter, and then you decide not to join them but some other client, that may look bad on part of the employer and client may decide not to work w/ the employer. So your employer would want you to work for them for sometime and then move to a different client.
Hi Saurabh,
Currently I’ m working for company A in L1B Visa and it is expiring on coming Nov 2011. My current employer also applying L1B extension. I am planning to apply H1B (change of status) through employer B and I have following questions.
1. How long would it take get the approved H1B through change of status?
2.Will my current employer come to know about the change of status process anyhow since they are doing L1B extension also.
3.will there be any conflict since L1B extension and change of status to H1B done at the same time?
Appreciate your input on this.
Thanks,
Ganapathy
1. Anywhere 2-4 months, but it cannot start prior to 1st Oct 2011. If filed w/ PP, it will be adjudicated within 15 days (but again, cannot start prior to 1st Oct 2011). In case RFE is issued, it could further delay the process.
2. There is a slight chance of L-1 employer becoming aware. If RFE is issued for H-1, this may cause L-1 process to pause, and your L-1 employer would know about the H-1.
3. There are few possibilites of what your status would be on 1st Oct 2011. Based on Last Action Rule, whichever petition is approved later will determined your status. So if H-1 is approved after L-1 extension, then you will be finally on H-1; in case of vice-versa, you will be on L-1.
It’s best to take consult an immigration lawyer who can help you w/ the tricky situations that may arise.
Thanks for your valuable inputs. I will consult with a lawyer too.
As per your reply on the third question, if my H1B gets approved prior to the L1B extension, I would be ready to work for employer B without any issues starting Oct first right? regardless of L1B extension.
No. If your H-1 is approved, and then your L-1 gets extended you final status would be L-1 and not H-1.
If your L-1 gets extended, then H-1 gets approved, then your final status would be L-1.
If your H-1 gets approved, it would be best to have your L-1 employer withdraw the extension, so that it doesn’t get extended and moves you back to L-1.
If your H-1 gets approved, it would be best to have your L-1 employer withdraw the extension, so that it doesn’t get extended and moves you back to L-1.
What if the employer doesn’t agree to withdraw the extension (just out of retaliation), as an individual or my new COS to H1B employer lawyers can withdraw the extension based on the fact that i have resigned legally with L1 Employer and not interested to work with them anymore?
I am not sure how to handle that situation. If a person has emailed the resignation letter, they can later use it to show that the company was aware about their resignation and did nothing to withdraw the petition, but that doesn’t stop the extension from getting approved. One should consult a lawyer to get an opinion on this.
Thanks.
How much time it takes to withdraw the petition once the request is sent to the USCIS
Hi,
Currently I working for company ABC and hold a L1B for Client A. VISA is issued in March, 2011 and expires in Feb, 2014. I did not travel at least once using this VISA. So, now
1. Is there a possibility of using the same VISA for client B in the same company ABC?
2. Do I need to travel for the client A before I use it for client B?
3. Is there any work around for this?
You can use L1B for other clients tooo within same Organization.
Take help from your company Immigration department, there is a some process .
Thanks Raj. But as per my company, they are telling it is not possible. Could you please share more information or any link that describes the process on this if you have any?
Well, many of my friends traveled to US recently using same process.
i think Immigartion team have to chnage Port of entry details.
but 200%possible.
A new I-129 needs to be filed as L-1 petition is specific to a client for a specific role. I am not sure about visa stamp though.
I am on L1B visa since nov 2008 the visa renewal is due this year nov 2011. My company is asking me to file H1B. My company don’t file GC for any employees.
My question is will i be able to stay another three year only (ie totaling to 6 years) or will be able to stay another 6 years more ie till Oct 2017 with this new H1B which will be renewed in 2011?
You will have another 3 years on H-1. Maximum time spent in US on H-1 and L-1 visas is counted together and cannot be more than 6 months (unless GC is filed).
I am on L1B . I am planning to apply H1B through other company. can you please answer the following question :
Let us say H1B petition is approved & when I go to India for Visa interview if it is getting rejected ..
Will it be again counted under CAP if I am applying for 2nd time H1B visa ?
If the visa is denied, and the petition is send back to USCIS for revocation, then you will be considered out of quota and need to be cap counted again.
Hey this thread has been immensely useful.. I would really appreciate if you could pls help me ans my question:
I am currently on L1 for company X in US.
Company Y is filing my H1. Suppose I ask them to not file COS and if H1 petition gets approved then I want to go to India in Aug 2011 on L1. Get my H1 stamped. Come back to US on L1. File COS only once the H1 is stamped and I am back in US. Once that is done, then join Company Y.
1. what problem do you anticipate with H1 stamping? Do you think there are chances that my H1 wont get stamped? I am from one of the most reputed institutes of India (both btech and mba). If they try to cancel my L1, I can tell them that I want to work for Company X till Oct 15 as my transition is still going on. Would they ask for resignation letter?
2. What do you think are the chances if I go to Canada or Mexico instead of India, in Aug?
This way if my H1 gets rejected, I can still be in US on my L1.
3. My husband has the exact same case. So should we go for stamping together or separately?
1. During H-1 stamping, officer will review all your documents including company/project documents and evaluate if visa needs to be granted to you or not. Most of the times, they cancel L-1 when going for H-1 stamping. You can request the officer not to cancel your L-1, but it’s his/her decision.
2. It is not advisable to go to CA/MX for first H-1 stamping if you have not done Masters in US. You can call up the US consulate in those 2 countries to ask about their policy on TCN (third country national)
3. If you guys do go for stamping, you need to book separate slots. Only dependent family members can book in the same slot.
If your plan is to return to US on L-1 and then file for COS to H-1, then why do you want to go for H-1 stamping in India? IMO stamping in India can be avoided if you plan to return on L-1 and then file for COS.
Thanks that helps. My point is that if I dont go in aug and start working on h1 starting oct 1. Now for some reason I hv to go to India in Jan 2012, then I wud hv to get my passport stamped. What if they reject then? If I go in aug, I can still have the option of coming back to us on L1 even if h1 gets rejected….
What are the chances of my visa getting rejected in Jan?
You need to think about the scenario where your H-1 stamping goes successfully in Aug, but VO cancels the L-1. You cannot enter US on H-1 in this scenario as it wouldn’t start until 1st Oct. Also, you will have to ensure that you get your H-1 petition approved before you leave for India. This may require filing the petition w/ premium processing, for both you and your husband. Also, if 221g is issued during stamping, you may have to stay in India for a little longer and this would delay your return on L-1.
In Jan, you would have already worked in US on H-1 for few months. So you would have payslips to show that you have a paying job and that gives more confidence. It’s more safer to go for stamping after working in US on H-1, but then a lot depends upon VO’s discretion as well. Kumar went to India after working in US on H-1, and his stamping got stuck.
Thanks Saurabh
Please help me understand:
1. Suppose my new company wants me to join in Jan 2012, and I have to go to India in Dec 2011 for family issues. In such case can my new company file COS for me before I come back from India? if yes, then I can go and come back on L1, without H1-b stamping and can start working from Jan 1 on H1-b.
2. Do you know if only COS has to be done then how much time is usually taken?
1. If COS is filed and you leave US, your COS will be abandoned. Your status in US is defined by the latest I-94. If you enter US on L-1, then you will receive an I-94 w/ L-1 and that will be your status. To move to H-1, you will have to file COS from L-1 to H-1.
2. COS typically takes 2-3 months. If it is filed as part of H-1 petition (transfer, new or extension), then premium processing option is available and it would take 15 calendar days (unless there is an RFE issued). Otherwise there is no PP option.
My apologies if m asking too many questions. But I want to be sure. Suppose the company files my h1 right now alongwith COS starting Jan 1, 2012. Then r u saying that I can’t go to India till Jan 1?
Or can I go to India, get h1 stamped and come back on Jan 1?
Pls suggest.
If you travel outside US, while your COS is processing, then COS will be abandoned. Your H-1 may still get approved, but you will not be on H-1 status.
If you travel outside US, after your COS is approved, and return prior to H-1 start date (mentioned on I-94 that came w/ COS), then you need to enter on L-1. Your status will be L-1, until COS is filed again to H-1.
If you travel outside US, after your COS is approved, and return after H-1 start date (mentioned on I-94 that came w/ COS), then you can enter either on L-1 or H-1 (you will have to get it stamped though). Your status will be whatever visa you use to enter US, and you will have to file COS to move to any other visa status.
Does that help?
Yes Sourabh… it helps a lot…
Just one more question.. while filing my H1 would my new company need my signatures or any written letter from me? I mean I am asking since my new company claims that they are filing my H1 and would be done doing so by July end but they havent sent any legal document or form to me.
I don’t think any signatures are required, although they might submit a signed offer letter from you. Also, they would need other information from you like payslips, passport etc.
I am working on L1B visa for a comapany X .My L1B visa is there till 2013 Jan .
I wanted to apply H1B visa . I got an offer from company Y .They told that they would sponser my H1B visa .
They will be applying by change of status .If I am getting H1B then my staus will automatically changes to H1B on Oct 1st.
After geting into H1B , suppose If I am going to India & there stamping gets rejected then I will be losing both H1B & L1B
Is it possible to go India in Sep 2011 & get it stamped .If I am getting H1B stamped I can come on H1B else I can again come on L1B visa .
Can you please suggest if this is a good option ?
Your fear is legitimate. If your H-1 stamping is denied, then you can neither return on H-1 nor on L-1 (as your relationship would have terminated by then).
Yes, you can travel to India in Sep 2011 and try for H-1 stamping. If it works out fine, you can return on or after 1st Oct to work on H-1. If it doesn’t work out, you can still return on L-1. If you are going this route, then COS becomes of no use as you will be travelling to India.
Also, there is slight chance that your L-1 visa may get cancelled w/o prejudice when going for H-1 interview. If VO asks about it, ask him not to cancel it as you may still want to work for L-1 employer.
Thanks a lot Saurabh .I have couple of questions .
a) Are there any chances that they would cancel L1B without informing , If H1B is getting rejected ?
b) Will L1B be valid If employer Y is applying by L1B to H1B transfer ?
1. If H-1 is denied, or if it is approved but COS is denied, they typically won’t cancel the L-1. It’s only when you go for stamping, there are chances they would cancel L-1 (and that too in scenario they approve the H-1). They would cancel L-1 if they figure out that you haven’t been playing by the immigration rules in US.
2. Your L-1 is specific to employer X. Once you start working for Y, you may not be able to use L-1 as X would most likely get it canceled as you are no longer employed w/ them.
Hello All,
Was looking up on the internet and this forum seemed very helpful and prompt. Would really appreciate if someone can please respond to my below queries.
1. All that I wanted to confirm is if Co. A and Co. B files for fresh H1B with change of status at around the same time (my current status being L1), will I be able to choose where to join from Oct 01, in case both the approvals are approved. Or will I have to go with the company whose petition gets approved the last.
2. And for a scenario, where say or some reason Co. A approval gets delayed and Co. B gets approved and say I join Co. B from Oct 01. So what if the Co. A gets approved only after then, will that be a problem then, or should I be able to just continue with Co. B without any required actions.
Regards,
Dickey
1. You can join either company for which you have an approved petition.
2. If only one petitions gets approved, then you have to join that employer. You can either continue to work for that employer after the other petition gets approved, or you can start working for the other employer. As long as you are working for one of the employers and getting paid according to LCA, you are in status.
Hello Saurabh,
Many thanks for your inputs, indeed helpful. Keep up the good work.
1. Just wanted to be reassured from what you suggested earlier, in one of the forums it has been sugested that for multiple H1b petitions for change of status from L1, still the Last action rule works, like whichever petition gets approved the last and the last issued i-94 is the one you need to go for. From your inputs I understand that this is not correct. Please confirm.
2. Also can you please suggest if the chances are brighter if I go up to Canada for getting my H1b visa stamped (instead of travelling to India), so that I can later on travel to India without any hassle. Please suggest.
Thanks,
Dickey
1. Last action rule comes into picture when changing status. In your case, both I-94s will be for H-1 and not different statuses. So it is not applicable. Another example – you are working for employer A. When you apply for H-1 transfer, you get a new petition from employer B w/ a new I-94 attached. If last action rule had been applicable, then you would be forced to work for B. However, one can continue to work for A. Makes sense?
2. As your current status is L-1 (so you did your studies in India and not US), it may not be advisable to go for Canada for 1st H-1 stamping. You can still call US consulate in Canada and ask them about your case as you would be a TCN (Third Country National).
Yes, absolutely makes sense and do very well identify the analogy used. Many thanks for your inputs.
And yes, will call up the US embassy at Canada to explore the chances of stamping for first time H1-Bs. Will keep this forum posted with my findings, since might be of some help to others.
In continuation to my earlier post, I have Co. A who has already filed my H1B. Now I have Co. B who has a better job offer and I would want to join them instead. I am currently on L1.
Now the problem is Co. B has approached the same law firm to file my H1B, the same law firm that had been employed by Co. A to file my H1.
So what I am trying to understand is, are there any legal concerns in the same law firm filing my H1B on behalf of both the companies?
Also I am worried that Co. B might come to know about my existing offer with Co. A, and might revoke their offer. Can you please suggest what would be the best possible way out?
There is no legal concern from same firm representing the two companies. However, I am not sure if the firm will tell your employer about the other filing or not.
You can tell B that you had another offer from A and their H-1 is already in progress. However, you want to join B and would do so in case both get approved.
Continuing my previous post:
In case you say I can get more money with H1-B, I better wait for soem more time and get that. Is it that I can ask my Manager now that I dont want to file L1-B and want to go for H1-B. Or is it completely up to the discretion of the manager?
It also depends upon what your job would be in US. L-1 visa is supposed to be used when you plan to employ employer proprietary knowledge, tools, applications for the client. If you plan to work on anything that doesn’t involve above then H-1 is the preferred visa. USCIS will also look at your job profile when filing under L-1 and may question employer back about the appropriateness of that visa in your case.
Thanks so much Saurabh for taking out time n answering my queries…..Yes, I do on work on proprietary tools in Storage domain….I have done my B.Tech in Comp. Sc. and Engg. from NIT (formerly RECs).
My Manager is in a hurry to send me but I am not in that hurry :)…coz I want the best when I am in onsite…hence I wonder if L1-B wud fetch me same as H1-B. My manager said in terms of salary it wont differ…..cant do much but to believe him…hope its not a trap for me :(..Your thoughts… ??
It’s already July. If H-1 is applied and gets approved, you can start working from 1st Oct, which is like 3 months away. See if you can convince your manager to wait for at least 3 months. although he may have to file it w/ PP in order to get an expedited result.
If it’s up to me, I would always prefer H-1 over L-1. Maybe your company is being creative in ensuring salaries on H-1 and L-1 are same, but H-1 gives lot of opportunites that may come in handy later.
My Manager has asked me to file L1-B . He says “if you want to fileH1-B then it will take another 6 months to get the visa,probably October,2011 there will be a new window. My Questions are:
1. Which visa is likely to pay me more, L1-B or H1-B? (My current position is Systems Engineer with 4+ years of experience).
2. Is it different the way salary is paid according to the type of Visa(L1-B /H1-B)?
3. I came to know about the rest of pros and cons of the above mentioned visas. This is the first time I am going abroad and my priority is earning more. Changing employers is not in my mind now nor I am married. So which visa will fetch me more money…
1. Generally pay on H-1 is better, but I don’t know what your company policy is for H-1 and L-1 pay structure.
2. Yes
3. I would still say H-1, but you will have to check w/ your employer on how much they pay their employees on H-1 and L-1.
Hi, My wife in on L1-B working in a state X for client Y. Due to personal circumstances she is planning to join me ( husband) who lives in different state Z and continue working from there for same client Y. Client has no issues but the Employer is not ready for transfer by giving reasons that employer VISA dept is not ready and has some legal issues. Are there any legal issues?. Did USCIS should be informed of this transfer?. Please advice!!
If your client is ok for your wife to work remotely (i.e. from your location and not client location), then USCIS may be interested in knowing why can’t she work remotely from India. Yes, USCIS needs to be informed about change in work location and they may raise this question. Your employer’s concern is quite legitimate.
Hi,
I am currently on L1A blanket. My visa expired in Dec 2011 but my I-94 is valid till Dec 2013. I have been in US since Aug 2008. My Company told me that since my I-94 is valid till Dec 2013, i dont need to extend my visa and can work till Dec 2013. but I have been reading in this forum that I 129 and I 797 needs to be extended for continuing to work beyond visa expiry. Can you pls clarify the same. FYI, my I 797 says valid indefinely. Pls help.
Thanks,
Prem
I-94 allows an alien to legally stay in US. It doesn’t authorize one to work in US. Work authorization is given by I-129 and 797. If your I-129 has expired, then you should not work any more and have your company file for an extension. Think about it – if you travel to India now, will you be able to return on L-1 (assuming your visa stamp is still valid)? No, because your I-129 has expired. This shows that you do not have work authorization to work in US.
Consult an immigration lawyer to discuss available options.
Hi – My wife is on L1 with company A and her I-94 expired on May 31st. She has filed for her extension in March which is still going on and she received RFE in June. I on the other hand is on L1 with company B and would like to convert her status to L2 if L1 extension gets rejected.
Can I wait till I get to know the result of her L1 extension request or does she have to leave the country immediately if the extension is rejected since her I-94 is already expired?
Thanks for your response
If her extension is denied, she either needs to leave the country immediately or file COS to another visa status like L2.
You can keep all her documents ready for L-2, and in case her extension is denied, file her COS to L-2 the very next day.
Thanks Saurabh.
Given that her I94 is already expired will that create any problem
If it is filed immediately, she should be ok. You would have to submit her extension documents along w/ COS to show that a timely extension was in progress even though her I-94 had expired.
Consult an immigration lawyer if you still have concerns, and he may speak on this from legal perspective.
Hi,
I am on L1-B with company A.
Company B filed H1-B with consular notification. Petition got approved.
Later company B filed for COS and got RFE.
What happens to H1B petition filed by company B if RFE is not answered correctly?
Now can company C can file H1B transfer with COS using the same H1B filed by company B or have to go through the new H1B and H1B cap again?
Thanks,
Rahul
It’s tough to say. When 221g is not replied to the satisfaction, they send the petition back to USCIS for review and revocation. I don’t think they would do similar for RFE, but can’t say for sure.
As long as H-1 petition is valid, C can file for H-1 transfer w/ COS. You don’t need to go through quote count again.
Hi,
My wife’s L2 Visa is under extension and we have not yet got the approval for the same.
Her employer is willing to file for her H1B. Can this be done even without her L2 extention approval?
Thanks,
Mahantesh
When filing for H-1 from within US, she needs to be in a valid status. If her I-94 hasn’t expired, then she is in valid status and her H-1 can be filed. If her I-94 has already expired, then you would also need to submit L-2 extension documents to show that it was timely filed.
However, as she would have two flows happening in parallel, one may trump the other. You should consult your H-1 employer/attorney to know how to time your H-1, so that she is finally on H-1 even after her H-1 and L-2 are approved (assuming that’s what your end plan is).