I have seen many of my friends, who come to US on L1 visa from a major Indian IT consulting company like Infosys, Wipro, Cognizant, TCS, etc and convert to H1B visa after one year or even less. I will try to explain some of the advantages of this process.
Job Market myth in US :
One of the biggest myths when you are applying for H1B visa petition is, you do not know how the job market is in US and How everything works down here in US. People are kind of skeptical about the situation here. I completely agree with perception of situation. Many of the big IT vendors like CTS, TCS or Infy, etc have implementations in US and they bring in their employees to work on site in US. IT people work very hard in India to get an onsite chance including countless sleepless nights and late night conference calls. The bad part is, L1 visa working employees realize after coming to US, that they are not well compensated when compared to their counterparts working on H1B visa in US. Guess what, once they get grounded well around here in US, they plan on L1 to H1B conversion. The process of L1 to H1B transfer is not very complicated.
Advantages of L1 to H1B transfer & implications :
There are many advantages of L1 to H1B visa transfer like below
- Job Market in US Study : The biggest advantage is, if you are already in US, you have a fairly good understanding of how the job market is performing in US. You can talk to people, talk to vendors, talk to friends, talk to recruiters, etc and figure out the job situation for your particular area. You may also check the article for job market study :US recession impact on H1B visa filing for 2011 quota? How is Job Market in US in 2010 – 2011 ?
- Playing Safe : You are playing it very safe, there is no risk involved. Worst case scenario, you can still stay in US on L1 visa if you realize the Job market is not improving.
- Seek Full time Employment with Clients : Your opportunities are not limited to just IT consulting companies. You can start looking full time opportunities with a Client company. Might not be the client company you serve on L1, other similar Clients or American companies who need people with your skills. Your opportunities are in fact, endless.
- L1 to H1B change of Status : Change of status is very simple from L1 to H1B visa. The transfer process is seamless. You can transfer your status from L1 to H1B visa and start working as soon as your H1B starts in October. You do not need to go to visa stamping, unless you plan to leave the country for some reason and re-enter US.
- Choosing Good IT consulting company : You can talk to real companies and verify their authenticity. It is easy to find companies information in US, than in India. Your network is much broader. You have good chance of connecting with people in a company and you can make a wise choice for choosing a consulting company if you have to. For more info, check article : How to Choose your H1B sponsor employer
- Job search, first consulting project time save : You are not wasting any time for job search. The idea is, you keep working on L1 visa and then look for a Job and then take up an opportunity only when you find a good project, at least the first project. You have an option to choose the project. No time is wasted for break through. Typically, first consulting job is the harder part. Good things is, you do not have to waste time for the first job.
- Help for projects : The other added advantage is, let’s say you start a project and you need some technical help or need to discuss some things about anything, you have a chosen set of old company friends who can help you to solve the issues.
I can keep on writing… the above listed seem very logical and definitely gives you an advantages. Your strategy for applying for H1B visa should be a safe bet with the current economy and recession. If you come to US on L1 visa and then transfer from L1 to H1B, you are playing a safer bet. On the other hand, you may have lot of work load and other commitments on L1 visa because you may be the only person on site, but “there is no free lunch, you may have to work double shift to hedge the risk…”
Do you know any other advantages ? Add a comment…
Hi Sourabh,
There is one situation here. My L1 to H1 COS is in process thru my employer. The LCA is already ready and the case was to be filed within a week. But for some reason I have to travel to India. My immigration officer told that until I come back to US, my H1 cannot be applied since I would not have my I94 with me.
I might stay a little longer in India may be 2-3 months. My question was that if I go to India and apply for H1 as a new case and not COS will everything have to be started afresh or whatever process that has been completed so far remain as is.
I can then return to India once my H1 is approved and stamped by Jan-Feb.
Also, I have my L1 visa valid until Apr 2012 so I can travel to US again though my H1 is in progress from India.
Thanks.
Your H-1 employer can file H-1 w/o COS. Assuming it gets approved while you are in India, you can go for H-1 stamping there and then enter on approved visa to work on H-1. The other option is to file H-1 after you return to US on L-1. The drawback w/ this is that quota may not be open by the time you return to US and also your L-1 employment needs to be valid to be able to return on L-1.
Hi,
i would like some expert advice from this esteemed forum.
My L1A extension was filed in April’11 along with my wife’s L2. After long wait, on Aug 15, my wife’s L2(I539) application was approved. But till today ie. 12th Sep, my I129 application is showing in initial review.
How is it possible that I539 is approved before I129 and its been a month since I529 was approved but my I129 is still pending?
Its been almost 5 months since our applications were sent for extension and it is making me very nervous that USCIS is taking so much time on I129 after approving I159.
Request your knowledgeable inputs..!!
Thanks!!
That’s strange. I don’t know any reason why her L-2 would be approved prior to your’s. Your employer should follow-up w/ USCIS to get latest update on your case.
Hi,
Thanks for all you inputs on this very helpful site. I have a question –
I am on L1A (with Company A). My L1A has gone for extension for last 5 months. But it is still in review state. Now my L1A and I94 have expired and I am just waiting for extension. In the meantime I have found an employer (Company B) who is willing to sponsor my H1B.
Can they (employer B) apply for my H1B with COS before my L1A extension is approved. Given the fact that both L1A and I94 are currently expired.
Your response will be greatly appreciated!!
Regards..
As I-94 is expired, COS may not be approved. Your petition can still be approved, but not COS. If H-1 is filed after L-1 extension has been approved, then there are chances of COS approval (as you will have a new I-94 expiration date).
Hi,
I am currently on L1-B visa (From 2007), By June 2012 my visa is going to expire.
I have two options now
1) File H1-B with current employer and do the change of status before June 2012 – this will give me only one additional year.
2) Start Green Card process (No Idea how this will work)
Could you please help on this situation.
Thanks in advance.
Not all L-1 positions are eligible for GC. You will have to check if your job is eligible. As for H-1, yes you would get only 1 additional year on H-1. Besides, if your H-1 is filed in next year’s quota then you will have no status b/w June 2012 and Oct 2012 (earliest when your H-1 can start). So it’s better to file H-1 this fiscal year. Once your H-1, your employer has the option of filing GC for you and apply for 7th year extension and beyond.
Saurabh,
Thank you for the reply. I am working with my employers to file H-1 this year it self and do the change status before june 2012.
Thanks again for your valuable time on these replies.
Hi, I am on L1 and My spouse on L2, she is waiting for the H1 transfer. Can the transfer from L1 or L2 to H1B can be done after Oct 2011.? Or there is any restrictions for L2 to H1 transfer? Please clarify.
Thanks in advance.
It can be done anything the quota is open. At the moment, the quota may remain open until Q1 2012 and so it can be filed even after October. You can follow the quota count either on USCIS website or here on the blog.
Hi,
I am currently on L1 visa in US from October 2010. Now, I want to change my status to H1B as I have a job offer from an employer who is willing to file my H1B.
Now my question is that can my current employer force me to go back to my home country to serve the notice period?
Note: I am being paid by US corporation on L1 visa. The US company follows 2 weeks notice period while the same company back in India follows 2 months notice period.
Please help.
There are 2 aspects to this question – immigration law and labor laws. From immigration perspective, once your H-1 is approved w/ COS you can immediately start working on H-1 (from approval start date) and don’t need to worry about L-1 employment. From labor perspective, you have to oblige any contract that you signed w/ L-1 employer (in US or in your home country), which is also enforceable by law of the land (again either here in US or in your home country). If you have not signed any contract, then you should be fine from this perspective as well.
Hi Saurabh,
Currently I am on L1 B and my new company is filing H1 B and as per my current company’s organization policy i cant resign in USA and needs to go back to India. Even if i submit my resignation, they wont approve so in this case, if i join my new company by Oct 2011 and if my old company is still paying me then, would it involve any problems for me in the future? As i said, my current company wont approve the resignations and if my current company pays me in the month of October, will it be a problem for me.
Yes, that would be an issue. Once you are on H-1 status, you only need to be getting paid by the H-1 employer and no other employer.
One possible way out is to close the existing bank account and open a new one for the H-1 employer. If the old employer is using direct deposit to submit salary to your account, then it won’t go through. And if they issue paper checks, it would be up to you whether to deposit it or not. However, I am not sure what they would mention in the W-2 they would issue. If it gets too complicated, talk to a lawyer on how you can safeguard yourself.
Hi Saurabh,
This is a great page and very supportive for people seeking information about such topics that you’ve written about. I had a question too and hope that it doesn’t take up much of your time if you chose to answer.
I am currently working for a company on L1 visa and have a job offer from another company that is willing to file my H1B. They filed my new H1B in premium processing on the 22nd of last month. I checked a couple days back that my online visa status has gone into ‘RFE’. Now, the new employer had told me that it is critical for me to start working for them from the 1st of October. My question to you would be, that considering the petition is now in RFE and it may take time for the case to move forward as quick as we would expect, is it legal to join a new company on the visa receipt number by October 1st, or do we absolutely have to wait for the approval to come in first. What are the laws and risks involved?
Thanks a ton for your time!
Regards
No, you need the actual petition to be approved w/ COS in order to join the employer. You cannot join the H-1 employer on the basis of receipt as your status is L-1 and not H-1 (that is why COS approval is required).
The petition can still be approved by 1st Oct, if the employer responds to it faster. As it was filed w/ PP, USCIS would adjudicate the RFE response within 15 calendar days.
Hi Saurabh,
Thanks a lot for your effort. Has Chances of getting approval in new H1B w/COS decreased this year like L1B extension? I did not hear anyone got L1B extension or H1 COS approval this year. Have you found any H1B with COS case has been approved recently? I am thinking of applying H1B with COS. Currently my L1B extension is in Process.
My wife and daughter are in USA under L2 and there L2 extension also in process with my L1 extension at the same time. So what have to be done for them if I apply for H1B with COS? Do they have to return India?
Thanks in advance
Hi ,
i have my L1B(Employer A) to H1B(Employer B) with change of status from 3 rd Oct 2011, I have resigned from my L1B company A and will be working with Employer A till 30 sept , will 1st Oct and 2nd Oct will be counted as Out of status days as they both are Saturday and Sunday. As my new job assignment will start from 3rd Oct 2011 with Employer B.
Request you to please suggest.
Thanks
It won’t. It’s just 2 days and that too weekend. I doubt if USCIS would question it, and if they do then you or your employer/attorney have a valid reason to explain the gap.
There is nothing like mass rejection of L-1 extension or H-1 w/ COS. It varies from case to case.
When your H-1 w/ COS is applied, you need to apply for COS to H-4 for your dependents as well, because their L-2 will become invalid once your H-1 gets approved.
Company X applied L1B extension say on Jun-2011 and it gets RFE on Oct-2011.
At the same time company Y applied for H1B with COS. Will L1B RFE will put hold on H1B processing?
In most of the cases, it won’t as it has been filed by a different company. I have seen only 1 case where one RFE was raised as there was another RFE pending. But I don’t remember what the reason was, but in most cases it doesn’t happen.
Hi Saurabh,
I worked in a MNC X under L1B. Company X works for client Y.
Company X has applied L1B extension on JUN-2011. I requested my Company X whether they can also file my H1B while my L1B extension is in process. But Company X told me that as per new rule from Apr-2011 company X can not file new H1B while they already filed for L1B extension for a same candidate. Are they saying true?
my 2nd question is : Do you know anyone who got L1B extension filed after April/may 2011. I know a lot of cases, they are getting RFE and then no results.Then candidate is leaving USA after 240days ( Expiring Visa). Does USICS totally has stopped L1B extension after (May/Jun -2011)??
Thanks
Anis
It’s not a rule, but it would complicate the situation especially if it is for same position. L-1 and H-1 have different job requirements, and if employer files L-1 and H-1 for that same position, they are sending an open invitation to RFE and possible rejection.
L-1 extensions are more difficult these days. The employer really needs to demonstrate that the L-1 job requires knowledge of employer specific tools/applications etc that the employee would use at client site. Not many jobs fit this and so the number of RFEs and rejections have gone up.
Hi Saurabh,
I have another question:
I am currently on L1-B from Employer A.
Employer B wants to file for my COS to H1-B. Can he do it anytime after Oct 1, 2011 till the quota exists ? For ex: Can Employer B file for my H1-B in Nov/ Dec 2011 and Can I start to work after that ?
Is this allowed and as per the USCIS guidelines?
Kindly let me know.
Thanks in advance,
Mahantesh
Yes, it can be applied anytime as long as the quota is open.
Hi Saurabh,
Thanks a lot. You mean to say even after Oct 1, 2011 if the quota is open, can I still get my H1 approved with COS and start working after that? Is it not mandatory that my H1-B should be approved before Oct 1, 2011?
Fox Ex: If my new employer gets my H1-B with COS approved in Nov 2011, then Can I start working from Dec 1, 2011?
Thanks,
Mahantesh
It is not mandatory to file H-1 by 1st Oct. It can be filed as long as quota is open. You can start working on H-1 from the approval start date.
Hi All,
Currently I am in US on L1B which is valid till Dec 2011. I am planning to apply for H1-B while my stay in US. My question is
– if I go back to my native country do I have to apply for a new VISA and get the stamping?
– Could you please explain the scenario?
There are two options:
1. H-1 is applied and approved w/ COS. You will be on H-1 status from the approval date and can start working on H-1 from that date. H-1 stamping is not required as long as you are in US
2. H-1 is applied w/o COS or COS is not approved. You will remain on L-1 status in US.
In either case, when you travel outside of US next and want to return to work on H-1, then you will have to go for H-1 stamping. Once stamped, you can return on that visa stamp to work on H-1.
Hi, I am in US working on L1-B visa ( expired by apr 2014). I would like to file for H1B visa from another consultant/employer. Suppose I get my H1B visa approved by Oct 2011, when I am still working on L1B. I would like to go to India for vacation and do my H1B Stamping. I would like to join the new company/project after my vacation. so I am thinking of coming again to US with L1-B, along with H1b stamped, then find a job/project then move to H1B?
Is it eligible and legal???.Pls clarify..
When you go for H-1 stamping, your L-1 stamp may get canceled. There is always this chance. You mentioned you want to return and work on L-1 and after sometime move to H-1. If that is correct, then you don’t need H-1 stamping. You can return on current L-1 stamp, and then file COS from L-1 to H-1. Once that is approved, you can start working on H-1. You don’t need H-1 stamping as long as your are in US. You would need that only when you leave US next and want to return to work on H-1.
Hi
I am on L1A and the assignment expires Sept 26th, i have a sponsor filing my H1B petition if approved can start woring from 1st Oct the earliest,
Questions
1) How can i stay here for the time between sept 26th to 1st Oct.
2) Would i have to leave and come back after 1st oct getting H1 stamped.
3) Shud i file COS from L1 to B1 for the this time and then H1 starts 1st oct
If u r assignment is expiring and L1 VISA is not..then u can apply fo run-paid leave or sick leave and stay for those 5-6 dfays before starting working on H1. As long as u r VISA is valid ..u are entitled to take leaves paid-unpaid leaves.
The only problem in doing so it that i have to resign from the L1 company at the end of the assignment period. So taking leaves would not be possible.
When a person applies from outside US, s/he can enter US at most 10 days prior to H-1 start date i.e. 20th Sep. By same analogy, it should be ok for you to be present in US after Sep 26th assuming your H-1 starts on 1st Oct. However, you should confirm this w/ an attorney as well.
BTW, this is assuming your H-1 has been filed and approved w/ COS.
I am L1B since May 2010,
I have my existing and unused I-797B (Oct 1 2008 – Sep 1 2011) but not H1b stamped ,
1) I just want to know if I can switch to H1B now using my existing & unused I-797B?
2) Do I have to file for a new H1 petition by finding good employer?
I am confused, please help.
1. Yes, the H-1 employer can file COS from L-1 to H-1 and you can start working on H-1 once that is approved.
2. If you want to work for the old H-1 employer, then he needs to just file COS from L-1 to H-1. If a new employer needs to file, then it would COS along w/ H-1 transfer. In either case, as H-1 petition would have expired (today is 1st Sep), H-1 extension also needs to be filed (comes automatically when going w/ a new employer).
URGENT !
I have a basic question . I am working in L1 visa . A new employer is willing to file a new h1 .Is it possible for me to join the new company in h1 visa , w/o stamping and w/o leaving USA ?
Yes if the new H-1 is filed and approved w/ COS. In that case you can join and work for H-1 employer w/o needing to get H-1 stamped. However, you will have to get it stamped when you leave US next and want to re-enter and work on H-1.
Hi ,
I need some urgent help.
1) My L1-B Visa has expired on Apri 15, 2011 but my I-94 is valid till Jan-2012.
I have an approved I-129S to continue working till Jan-2012.
Can I call my parents to visit US on this approved I-129S though my visa is
expired?
2) My wife is on L2 and her employer is applying a for her H1-B so that she can start
work on Oct 1, 2011.
Once she gets an approved H1-B petition, can she invite her parents immediately
on her new approved H1-B to visit the USA? Is this possible or she needs to wait
for sometime before inviting them on her new H1-B?
Please let me know as this is extremely urgent for us.
Thanks in advance,
Mahantesh
1. Yes
2. She can call them anytime. If she already working on L-2, then she can sponsor the trip, or else you can.
You both may have to submit recent payslips, W2s and bank statements to show that you can sponsor their expenses.
Hi Saurabh,
Thanks for the details. Really appreciate it. I can now start the documentation process for my parents.
Thanks,
Mahantehs
Hi Saurabh,
Your response on all sorts of queries is highly appreciated. I am on L1b staying in LA since one week and my visa get expires on 4th june of next year. I’m living here in USA along with my family and kids who are on L2b. My question is I would like to move my self from L1b to H1b. So, is it toughest job to change from l1b to h1b and changing the status for my family & kids too? Your feedback is highly appreciated. Thanks, Vidya
You need to find an employer willing to file H-1 for you. When filing the petition, they can file COS for you and your family from L-1/L-2 to H-1/H-4. To ensure successful approval, you should file through a credible employer (that’s the tough part).
My L1 B is expiring however i have a valid i94 and my company has filed new petition. Can I stay and work in US til I 94 expiry date ?
I94 expiring date: Jun 2012
L1 B and old petition expiring date: 21st september
New petition date: june 20, 2014
Thanks a lot for your help
Based on pending extension, you can continue to stay and work. However, if extension is denied, then you will have to leave US immediately. If the petition gets approved, a new I-94 would arrive w/ it. Then you can stay and work until that date (in conjunction w/ petition expiration date).
Hi,
I am currently on L1 visa with the visa expiring today Aug. 25th, 2011 but I have a valid I-94 till May 2014 so I understand that I can legally work. Also, my wife who is on L2 currently workon on EAD has her EAD valid till July 2013. My company has now filed for my H-1 and it is under process, My question is for how long can my wife legally work as she has a valid EAD for next two years?
Thanks in advance for your help.
Rohit
If your H-1 gets approved w/ COS, then you will be on H-1 from the date mentioned in the approval notice. Your wife can no longer work on EAD from that date.
In case your H-1 was filed w/ COS, was your wife’s COS also filed in parallel? Her L-2 would no longer exists, once your H-1 gets approved w/ COS.
Hi Rohit,
What did you do then? My situation is same like yours. I got my H1 approved from the 1st Oct 2011 and my wife still on L2. What I should do in this?
I am currently working in USA for company A under E2 status. I have been asked to interview for a new position with company B. Company B would not fall under E2 requirements so what is the recommended path to take with company B and what type of visa will allow my spouse to continue employment in the USA
What’s the job w/ company B? Potential visa category would depend upon what kind of job B has.
Saurabh,
The job with company B is Maintenance Superintendent.
Sorry, I don’t know what visa can be filed for this profession.
Hi Team,
Thank you so much for the great work you guys are doing on this website. I got many of my questions answered from this website.
Like others, I need your help. I’ve got an offer from my company’s US office to work in US. They’re asking me to choose between L1B (IT professional) and H1B. In any case, they want me to join the moment my visa is approved but they’ve a timeline of November 4th week 2011..
I’ve got some queries and I’ll appreciate if you can answer these queries:
1) Which option is good L1 or H1B?
2) What if I go on L1 and then I want to work for someother company in US? I’ll have to go for H1B which is not an easier process … right?
3) If I go on H1B and want to work for another company after 1 yr, I’ll have to ask that company to get H1B transferred in their name. How tuff is that process? How soon I’ll get that?
4) If I’m on L1B, how and when I can apply for Green Card? How much time it will take for me to get a green card considering that I’ll apply after Feb2012? After how much time I can apply for green card when I’m working on L1B visa?
Your prompt response will really help in deciding about this offer.
Thank you so much again for helping ppl like me via this website. You guys Rock!!
Akhlesh
1. It is important to understand what is more applicable to your job. Not all jobs are qualified for L-1. For L-1, the job needs to be in a tool/technology/application specific to your employer, which you would do for a particular client. H-1 is for other specialized technologies which are more readily used (like Java, J2EE etc).
2. It may or may not be easier depending upon the profile of H-1 employer. Filing through shady companies is always a problem.
3. Same as 2.
4. Time would depend upon filing category (EB2 vs EB3) and your country of citizenship. Typically it may take 5-6 years if filed in EB2 (India) to >10 years if filed in EB3 (India). Also, not all L-1 jobs are GC eligible.
I do not have any question, but I would like to thank you for the time and effort you are spending on answering these questions.
Hello Saurabh/Kumar.
First of all, I appreciate you guys so much that you are helping us.
I am on L1 Visa. I first came here in USA in Apr-2008 and returned to India in Jun-2009. This time, I came to USA on 16-Oct-10 and is working as a employee of an Indian comp. My Visa has expired on 6-Mar-11. I-94 is valid till 16-Oct-13. Before March, I told my employer about my VISA expiry date. They said that since my I-94 is still valid till 16-Oct-2013, they will not file VISA extension before 6 months of expiry of I-94.
Now, I have following questions:
1- Can continue to work based on expiry date of I-94? I checked my I-129S which was issued me in Apr-2008. Its validity date is 6-Mar-2011, same as my VISA expiry date.What impacts if I cant?
2- Can I apply for H1-B with some other employer provided my L1 VISA has expired?
3- Would my previos stay counted into H+L=6 years rule?
THanks a lot for your replies.
Regards
Neeraj
1. If your I-129S expired in Mar 2011, then the employer should have filed extension at that point. I-94 governs how long one can stay in US, while for aliens on L-1 I-129S determines how long one can work. The two in conjunction allows one to maintain legal status in US. So probably you have been working illegally if your I-129S wasn’t extended. Raise this to your employer, or talk to an immigration lawyer.
2. If you have been working illegally, it will be difficult to get H-1 approved especially w/ COS.
3. As you had stayed for more than 1 year outside US, your 6 year would include only the current trip on L-1.
Thank You Saurabh !!
I told all the details to my employer and the VISA Cell is still saying that “you can legally stay and work based on I-94 validity. ”
Now I am confused and I dont know what to response to my employer. What points should I raise so that my employer clears this. Is this something needs money to extend I-129S? And that could the reason my employer wants to avoid it?
One more little help —
As I mentioned above, I am in USA working and my L1 Visa has expired. Now if my wife (with dependent L2 Visa) wants to go back to India say,stays there for a month and then wants to come back to USA, she will need to have new VISA stamped prior coming to USA, right? If so, can she apply for L2 VISA provided my L1 Visa is in expired state?
As per my little knowledge, this should be a silly question. But this VISA world is very confusing and challenging, thats why asking.
Thanks so much again !!
I would say consult a lawyer who can provide you some legal text which you can go back and show your visa cell. I searched online on this topic, and there seems to be conflicting opinions. Some say that I-129S governs how long one can work, while others are saying to rely on I-94. So it’s better to consult a lawyer. In case you do consult a lawyer, can you update this forum as well.
Your wife will have to go for L-2 stamping. She may require your employment documents for stamping. Depending upon whether you have been working here legally or not, would determine if her stamping goes through or not. I would suggest not to make any travel plans until you figure out your situation; or else she may get stuck in India.
Saurabh,
Thank you very much for your timely help otherwise I would have been in difficult situation.
Thanks,
Suman
You are welcome Suman!
Hi,
I’m on L1 from 2009, Got my H1 approved for 2010 Quota. But later I had to wait for my wife’s H4 to get approved. July 2011 H4 got approved. My Wife recently got EAD approved for L2. Right now she started looking for job so that she can move on H1 and later I can move on H1.
Clarifications:
1. My Wife’s H4 got approved. If I do not move to H1 now does this impact her L2/EAD?.
2. The employer who filed for my H1 now asks me to join immediately otherwise he said that he will cancel my h1. But I want my wife start working and then I move.
If he cancels, will that be a black mark for further applying for H1 for this year’s quota?.
Can my employer wait for couple of months till I join?. Is there any US rules asking people to join immediately after H1 approval?.. He was saying about some audit or so..
Thanks,
Suman
1. As long as your H-1 and her H-4 were not approved w/ COS, you can continue to work on L-1 and meanwhile she can continue to work on L-2/EAD.
2. It is possible that he might be getting questioned by USCIS on how many employees are actually working for him on H-1 versus how many petitions were filed. Lot of employers like to cancel the H-1s if they are not being used by them. If the employer files H-1 w/ COS, then you need to work for H-1 employer from the start date mentioned on COS approval. If he cancels your H-1, you are not blacklisted. Another employer can file another H-1 for in near future (same quota or different).
Saurabh,
Thanks a lot for your reply.
Question: How do I know if my H1 or my wife’s H4 is applied with COS or not?.
Thanks
Suman
Did a new I-94 arrive w/ your H-4 approval notice? If yes, then COS has been approved.
Saurabh,
I-539 was submitted for H4 through H1 filed company. I got to know about the status as approved in website. Papers were delivered directly to company address. They have not given any H1/H4 papers.
Thanks,
Suman
Saurabh,
Adding to to above clarifications
If this is COS then can I cancel her H4 and make her stay on L2?.. is there any time limit?.
Thanks
Suman
If you are still on L-1, then how can she be on H-4. What’s the approval date mentioned on the COS approval (your employer might know). What you need to do is find out what your current status is. Was your H-1 approved w/ COS? If yes, then you are also on H-1.
Hi Saurabh,
Her H4 status got approved on July 25 2011 filed on February 28 2011. I just spoke to them and said the H4 approval has I-94 also. Its very bad that they dint even let me know.
My status is L1 and it is without COS and I just confirmed.
I really need help as my wife is going to started working on EAD. Appreciate if you give some guidance
Regards,
Suman
There are couple of things you can do:
1. File COS from H-4 to L-2. This may be complicated as your current status is L-1, and if USCIS asks to submit proof of your H-1 status, you will not be able to do that.
2. Leave US and enter US on stamped L-2 visa. She would be issued a new I-94 at PoE and her status would be L-2. If she doesn’t have unexpired L-2 visa stamp, she will have to go for L-2 stamping.
Seems like your employer did the wrong thing by filing COS for her, and USCIS also did the wrong thing by approving her COS (as your status is still L-1 and not H-1).
Saurabh,
Today I had to argue with H1 filed company and got copies of my h1 and my wife’s h4 approval notice.
Even my h1 approval notice is having i-94 paper with Dec start date and my spouse h4 has July start date. Not sure why they did not give me the documents till now..
I’m I in bigger issue?.
Thanks,
Suman
Saurabh,
I want to continue on L1 and my wife on L2. I cannot trust the company who filed my H1.
Let me know what are the options available.
Thanks
Suman
Yes, it seems to be a bigger issue. You should consult a good immigration lawyer immediately and discuss your options. COS is probably difficult at this point, but you guys can travel out of US and return on L-1/L-2 visa stamps.
BTW, this act of your employer doesn’t give enough confidence about them. Once all this gets resolved, you should start thinking of moving to a more credible employer.
Hi Saurabh
First of all i really appreciate that you answer all the questions in very simple and easy language.
In my case, I am working for Company A on L1-B Visa which is expiring on March 2011 and now Company B (EVC model)applied for my H1 (COS)and it is going to be approve soon. I have following questions –>
*) Company B will start conducting my interviews as soon as my H1 will approve but I would like to join them only when I got a good rate project for longer duration, so is it mandatory to join them on October or can I keep on working on L1 for company A till the time I want. I also signed one Offer Letter which says joining date as October 10th with Company B.
*) What exactly is LCA as i heard immigration dept keeps close watch on this if you are on EVC model.
*) Now Company A is also willing to apply H1 (via premium), if i will go with this option should I tell them i already have H1 or they can apply fresh one.
Thanks
1. You have to join B from the approval date mentioned in 797 notice. If COS is denied, then you can continue to work for A until L-1 expiration.
2. In LCA, the employer submits information about your work location, your job title, your proposed salary etc. The agency then verifies it against bunch of things to ensure it is more than the minimum wage for that profession in that area etc.
3. I don’t know how they would react if they come to know that you filed H-1 through another employer. But they can file another H-1 petition for you. As it is premium, you may hear the result before 1st Oct (assuming no RFE is issued). The situation would become tricky if B’s petition gets approved and A’s petition is still processing until 1st Oct. At that point you would have to leave A and join B.
Saurabh
One of my friend’s friend had same situation (point 1) and this is what he replied back to me –>
” I would suggest to speak to company B and ask them if you do not get a job, then would they still have you on their pay rolls? Just make sure they do not generate your salary from there system. If they do, then you will have to transfer across to them. They send a form to INS stating that H1 can now be activated and that salary will be generated by the new firm. ”
Your thoughts !!!!
I already spoke to Company B and they will not generate the payroll as I am on percentage share unless I will not get the project.
This is one way consulting companies make fool out of their employees. Once your I-94 status says H-1, you are on that status. H-1 start date is not dependent on when employer runs the payroll. When on H-1, you need to get paid all the time as per the LCA. If the employer doesn’t have funds to pay you, they should let you go. But they cannot bench you.
One may get away from it in short term, but if USCIS decides to connect all the dots at a later stage (extension, GC, transfer etc) they would know that you spent time on H-1 w/o getting paid.
Thanks Saurabh, your answers were helpful though i still have some confusion.
My L1 assignment ends 30th Sept and i have to resign as on that date, my H1 sponsor is going to file the petition by end of Aug, as i know it may take atleast 2 months to get approved
1) can i stay here after 30th sept based on H1 petition filing reciept?
2) My family is in India and i want to get them here, shud i travel during Sept before resigning from L1 employer and bring them while the H1 petition is in process or wait till the petition is approved and then go and get them by having H1 visa stamped as u said earlier if i go out of US while H1 is in progress the COS will get abondoned?
I am very confused, if u can reply urgently.
Thanks for the help Saurabh.
1. No as your L-1 status would have ended by then and there is no grace period provided on L-1. Your employer can file w/ premium processing, so that you can receive the approval by 1st Oct.
2. Yes, if you leave US while your H-1 is in progress, then your COS will be abandoned. As your dependents would also need to move to H-4 when you move to H-1, a better thing would be to get your H-1 approved, then travel to India, go for H-1 and H-4 stampings and enter on those visa stamps. However, note that stamping may run into issues depending upon your employer’s credentials.
Thanks.
How much time it takes to withdraw L1B extension petition once the request is sent to the USCIS?
Please answer this one.
I don’t know for sure, but I think it would to take 1-2 weeks. Not sure though.
Hi Saurabh,
I’m on H1b and working for employer A for Client X.My contract with client X is getting over and my employer has signed a new contract with Client Y starting after 15 days.Meanwhile I recieved a better offer from Employer B and starting date for assignment is after 30 days.
My doubt is if I inform my current employer that I’m going to quit him and no more part of his company then will I be considered employee of Employer B while my h1b transfer process is initiated by him (just with receipt number and decision awaited from USCIS) and can I join him with just receipt number.
Also if I join Employer B after 30 days and meanwhile not working with Employer A also can I still maintain my legal status assuming my H1b transfer is in progress with employer B and actually not started working with him?
I’m really in dilemma ,please advise.
When on H-1, one always need to be working for an employer for which:
– he has an approved petition
– he has a pending H-1 petition in progress
In your case, once B file for H-1 transfer, you can either work for A or B. However, until then you need to work for A. If you join B on the basis of receipt, and H-1 transfer gets rejected then you need to go back and work for A or have another employer file H-1 petition for you.
Thanks for your previous answer, i really appreciate. I want to elaborate on my question, here it is:
I am working with Company A on L1-A visa and in 2009 when applied for extension I got an RFE. I did not answer RFE, case was withdrawn and I left to India on July, 2009. Again with a new petition and a new L1-A visa I came back to US in Dec 2009 and continue stay up until now. Another Company B is applying for H1-B w/ COS, say if this is approved on Oct, 2011, I have few questions they are:
1. Do I get H1-B visa (6 years – first L1A period spent – second L1A period spent) OR Do I get H1-B visa (6 years – second L1A period spent)
2. Say after I get I-140 approved can i travel to India? When i travel should i need to get Visa stamped or can i go an parole?
1. As you spent less than 1 year outside US, your clock has not been reset. So your H-1 term would be 6 years – first L1A period spent – second L1A period spent
2. Even after approval of I-140, one needs visa stamp to travel in and out of the country.
Hi,
Am looking for L1B to H1. Can u suggest some websites to post resume(particularly if some Indian Company can take me), and what exactly to mention. I understood from above feeds, that even if my H1 gets rejected, I can continue with current employer on L1b.
Thanks,
Try dice and monster. However, one needs to be very careful as not all employers are credible.
Saurabh,
I have 3yrs of L1B visa, but need to go back and come again on requirement basis. Is Mkt reliable to jump to H1B visa and then keep switching contract jobs? I do get lot of response on job portal, but nt sure economics situation where its going.
If you find a good employer then I would say H-1 is better than L-1. However, if the H-1 employer is not credible, it will be a tough task to get petition/stamping approved and finally find a project.
Hi,
I planned to get transferred from L1 to H1B. Can I work on H1B with the receipt or I need to wait for the approval to start working with H1B?Is it legal?After starting the work,Can I give 2 says of notice period for the L1B comp. and come back for H1B client?
Thanks,
Krishh
In this case, you need to wait for actual approval. Even then you can work only if H-1 was approved w/ COS. Otherwise your employer either needs to file the COS or you need to enter US on a stamped H-1 visa.
You can give 2 days notice period. However, this is something you need to sort out w/ L-1 employer. Legally, if your H-1 is approved w/ COS, you need to start working for the H-1 employer from the start date mentioned in the approval notice.
Hi Saurabh,
Thanks for your response.But my employer is saying that I can start working with a receipt instead of waiting for approval.I have a plan to start with the receipt as the client cannot wait for me.Will this create any issues?
Thanks once again in advance,
Krishh
You cannot work on the basis of receipt as this is a COS case and not H-1 transfer. One can work on the basis of receipt only if the person is currently on H-1 and another employer is filing H-1 petition for him. Before taking any action, talk to an attorney.
Hi Saurabh,
I’m currently working for company A on L1 which was extended here in US till Jun 2012.
Company B is going to process H1B without COS with start date as Feb 01 2012.
My questions are as follows:
1) If the H1B gets approved in Oct, will I be still able to work for A till Jan 31, 2012, right?
2) After H1 B gets approved in Oct and I go to India for vacation in Nov and submit the resignation to A, will there be any problem for me re-entering US with the approved H1B in Feb 2012?
Thanks in advance for your help!
-Prince
I would like to add 3 more questions based on another scenario
3) Is it possible that B submits the H1B application so that the start date is Oct 01 itself, and when it gets approved, can I continue to work for A on L1 (as they are 2 different visas and H1 was approved without COS)?
4) In this situation also, will I be able to go out of US anytime and then submit the resignation in India and then take time for the notice period (as long as B allows it) and then re-enter US with the already approved H1B visa?
3) Do I still need to go for stamping in India even though the H1B was approved while in US?
1. As it is w/o COS, you will have to work for L-1 employer until end of L-1 period. To work on H-1, you either need to file COS or enter US on a stamped H-1 visa.
2. You can re-enter on stamped H-1. Ensure you have all recent payslips from L-1 employer and job documentation from H-1 employer.
3. H-1 employer can submit petition w/ a start date that can be as close as 1st Oct or as distant as 6 months from filing date.
4. Same as 2
5. To be on H-1, you either need to have approved COS or enter on stamped H-1 visa.
Thanks Saurabh!
Will the following situation also work?
If A agrees to my resignation with a notice period and B submits the H1B petition w/COS to have the H1 start date a week (or more) later from the last day in A, assuming A does not revoke my L1 till then.
When starting work with an H1 w/COS and then if I go to India, do I need to go the US consulate in India and then get H1 stamped on my passport when I re-enter US?
Yes that may work w/ the only caveat that one cannot control the dates. It is possible that your notice period w/ A expires, but H-1 COS is not approved. So be careful when working w/ dates.
Yes, you would need H-1 stamping in order to return and work on H-1. As long as you are in US (w/ H-1 COS), you don’t need stamping, but when you leave US, you would need that in order to return.
Thanks again Saurabh! Things are getting much clearer. One last question….
If B submits H1B petition for me w/o COS with a start date of say Jan 10, 2011, can I renter US with this same H1B visa stamped even after Jan 10, 2011? If so, till when (how many months) from the start date, can I delay in joining B, if there is any issue/delay in giving notice to A while in India? In short, can one join the company of the sponsor of the H1B much later from the start date in the petition?
In your example, you can enter US on H-1 visa anytime after 10 Jan to work for B. It can be few weeks or even few months. Remember to carry a recent employment letter from B stating that they still want to hire you (you may be questioned about the delay during stamping and at PoE). However, once you enter US on H-1, you need to start working for B immediately.
Thanks so much, Saurabh! I really appreciate the time and effort you take to help fellow Indians!
Hi Sourabh,
I am currently working for Employer A and Employer B has filled my H1B w/COS. Today i got mail from USCIS that they approved my H1B for 3 years with start date of Oct 1ST but I am confused whether they approve my COS or not as my employer B are telling that we need to wait for Hard copies of the Petition from Consulate to see if they sent the new I-94 with Petition.
In the mail from USCIS , In I-94 section they gave my existing I-94 Number. Are you aware of this scenario when they send the new I-94 , is the Number remains same or they send the New I-94 with the new Number.
Thank in advance.
In case COS is approved, the new I-94 will have the same number as old one. The only thing that would change is annotation (from your previous visa status to H-1) and expiration date.
Hello,
Thanks for helping so many people who are struggling for change of status from L1 to H1.You are doing really a great Job.
I have some questions Regarding L1 to H1 Transfer.
I am on L1 Visa with Company A Right Now, which is expired in April and My company appplied for Extension. I got RFE and submitted answers in August 1st week.
At the Same time, I have a Inactive H1 petition with another employer B and which is going to expire in September. I got a job offer in Company B through my H1. and They wanted me to start in August 2nd week.
So after getting L1 RFE, my employer B applied for change of status and H1 Extension though Premium. Now I got reciept numbers for H1
My Questions are:
1. If My COS is approved, Do I eligible to work for Company A for few days? or Do I have to resign immediately?
2. Is it legal to work for Company A after I get my recipt numbers for H1?
3. After H1 gets aproved ,Is my L1 extension process is going to stop?
Thanks in advance…
Hello,
This is very urgent for me. Could you Please give me a reply.
Thanks in advance
1. Once COS is approved, you will be on H-1 from the approval date and need to work on H-1. Although legally one is supposed to work for H-1 employer from start date, some people have 1-2 week overlap. This may or may not be acceptable to USCIS, and if questioned in future you will have to provide a satisfactory answer to them.
2. Yes. You need to work for A until your COS gets approved. You cannot work for B on the basis of receipt as this is COS and not just H-1 transfer.
3. You will have to ask your L-1 employer to stop the extension. Suppose L-1 gets approved after H-1, then your final status would be L-1 and not H-1. So it’s important for them to withdraw L-1 extension.
hi saurabh….
Im on L2 visa n work here with EAD,which expires at 2012…My spouse has filed for H1B..What will happen to my Ead if he gets his visa approved??Can i continue to work here?Pls help…
Thanks in advance……
Once your spouse moves to H-1, your L-2 will cease to exist. You and other dependents need to move to H-4 once he moves to H-1. If you continue to work on EAD after his H-1, then that would be illegal. Your employer can also file H-1 for you.
Hi
I have a question. If I am working for company A on L1 and company B files H1 for me with date of joining as oct 3. But if company A’s notice period doesn’t end by then, what will happen in tht case?
You have to join B from the approval start date, assuming it has been filed and approved w/ COS. If COS is not approved, you can continue to work for L-1 employer.
That’s fine. It’s approved. But what if the notice period is not yet complete… Can I continue working on l1 till that time?
No, you cannot. Legally, you are supposed to work for the H-1 employer from the date mentioned in the approval notice. Your status would be H-1 from that date, and you should no longer work on L-1.
How long do you plan to work on L-1 after the approval date?
may be 3-4 days more… do you think that would be ok?
I think that would be ok. If USCIS questions you about that period in future, then you or your attorney can try to explain the situation. As it was less than a week, USCIS may agree to your response.
But this is just my personal opinion and a lot depends upon the USCIS officer’s discretion.
I heard that we can have some 15 days overlap for this. When I consult few ppl here they said a buffer of 15 days is acceptable
Please Confirm!
As per the law there is no grace period. For some people 1 week is acceptable, for others even 1 month is acceptable. In the end it’s USCIS’s discretion on what they find acceptable and what they find objectionable.
I am working with Company A on L1-A visa and I have completed staying 4 ½ years (excluding India vacations – 4 months) in US with this visa. Another Company B is applying for H1-B w/ COS, say if this is approved before Dec, 2011, I have few questions they are:
1. How many years more can I stay in US with H1-B w/COS? i.e. will the clock re-set and can I stay for another full term i.e. maximum nos. of years that H1-B allows (6 years) OR L1-A duration will be deducted while transfering to H1-B w/COS?
2. Can Company B apply GC immediately or is there a minimum period that I have to serve and then they would apply? Since I have already completed 4 ½ years can they file GC – Labor certification immediately?
3. If Company B apply GC immediately can I stay in US even after H1-B expires? If yes for how long?
1. You will get H-1 for 6 years minus time already spent in US on H-1.
2. They can apply immediately, but companies avoid doing that. GC is filed when the employer wants you to recruit on permanent basis. Companies evaluate the performance for 6 – 12 months and then file GC based on that. But a company can still file GC soon after you join them.
3. Depending upon when your GC is filed and what stage it reaches by the time you reach your 6th year, you may be eligible for 1 year of 3 year extensions.
Thanks a lot Raj and Saurabh!!
I am bit relieved now.
One last question please.
When do i need to travel back to mexico/canada to reset my COS from H1 to L1? Does it need to be before october 1st or after october 1st. And also please clarify if my dependents (family) on L2 needs to travel or not? because they will get converted to H4:(. Please clarify this last question.
I’m currently working in Company A on L1B and looking for H1 conversion.
The problem is my company pays perdiems not salary,i get salary in India.My company takes care of all taxes.Can I convert L1 to H1 without having pay stubs and W2 if companyB sponsors for H1 ?What is the procedure i need to follow in my case to get H1 ?
Thanks,
Balaji.
You are not maintaining your legal status by getting paid regular salary in US on L-1. Your employer is violating US laws, and is deteriorating your chances of moving to H-1. Talk to an attorney on how to go for a successful H-1 petition w/ COS.
My L1B extension is in process in order to make sure that i continue to work in USA, can my company file for COS to H1B for the same job (as my L1B Visa is not expired yet) after my L1B Extension is denied or RFE is received?
Is it legitimate to do that?
If yes, will it effect my chances of getting COS to H1B since my L1B extension was earlier denied or an RFE was received?
Yes, you can do as long as the job is eligible for H-1. L-1 decision may or may not negatively impact your H-1 COS depending upon the reasons for rejection/RFE. If it was related to your profile or company profile, then it may impact. If it was related to job then it may not impact as the job eligibility for L-1 and H-1 are different.
thanks Saurabh.
What about the other option. Instead of doing a COS to H1B.. applying new H1B without COS. For e.g my L1 Visa is valid till October 2nd and can my company apply for New H1B without COS starting date as October 3rd.
In that case is it mandatory to leave the country and come back with a H1B stamping? Please guide
Also one of my colleague was successfully move to H1B with COS (but his L1-Extension was last year was accepted) for the same job profile as mine.
thank you.
What about the other option. Instead of doing a COS to H1B.. applying new H1B without COS after L1B extension is rejected or RFE.
Is this better approach then COS after rejection or RFE of L1B extension, or its the same?
For e.g my L1 Visa is valid till October 2nd and can my company apply for New H1B without COS starting date as October 3rd.
Also in the case of filing new H1B is it mandatory to leave the country and come back with a H1B stamping? Please guide
If it filed and approved w/o COS, you would remain on L-1 status which would expire on 2nd Oct. You will have to leave US at that date, get H-1 stamped from abroad and return to work on H-1. You cannot stay in US beyond 2nd Oct (assuming your L-1 extension is denied or has not been filed). You can continue to stay and work on L-1, if L-1 extension is in progress, but again leave US if it eventually gets denied. You can wait for H-1 approval from outside US, go for stamping and then enter on H-1.
One more question.
My HR at work was saying this…
The plan was to file for L1 to H1B COS premium as soon as if the following happens.
1. If L1B extension is denied
2. If L1B extension comes with RFE.
But the HR at work says that
for the scenario 2 we can’t file for L1 To H1B COS because the L1 Extension has come up with RFE?
Is it true?
I know of no rule that stops employer from filing H-1 when L-1 extension hits RFE. Did your HR give you the reason? They might be avoiding possible questions from USCIS, but I am not sure what their reasoning is.
I have L1 visa till MAR 2012 with company A and company B has sponsored H1B with COS and is approved. How long (maximum) can i stay with company A with L1 status.
Someone, please enlighten me on this.
You should ask your company B to know what was the date mentioned in the COS petition as a start date.
From that date you cannot work for your company A.
Generally the default date is October 1st 2011.
So make sure that you resign on time from your Company A to serve your notice period.
For e.g if your notice period is 1 month and your H1B start date is October 1st then you need to put your papers down by September 1st.
If it is 2 months then you need to put your papers down right now and for remaining days you can buy the notice period.
Thanks Raj!!
So if i want to cancel the approved H1B, how and when can i do that (before October 1st)?
Please clarify.
Can someone please help me by providing this info?
What is the cancellation process of l1 to h1 conversion?
How many days before the COS this has to be initiated?
You cannot cancel the H-1. Only the H-1 employer can do that. If you want to avoid COS from taking place, these are the things you can do:
1. File COS from H-1 to L-1 (probably cannot be done prior to 1st Oct though)
2. Leave US and re-enter on L-1 visa. This would bring you back on L-1 status.
Thanks Saurabh!
Can you please tell me how many days before October 1st can the employer cancel H1 and what is the cost involved? How can i make sure he agrees for that?
Will this all affect my L1 status or my L1 employer will get to know any of these?
Please clarify
Hi Kiran,
I don’t think an employer will cancel H1B petition, just because the fee involved is huge. I guess there are two options.
1. The employer who filed your H1B might withdraw if you pay for the fee of the H1B. (only if he agrees)
2. Go to Canada or Mexico (you get visa in a day or two, also on the spot) and renter USA on L1B. To make it even cheap go to buffalo and then apply for a Canadian tourist visa, they give you on the same day for most of the cases and enter Canada by road and renter USA by road.
Thanks a lot Raj!!
I am bit relieved now.
One last question please.
When i need to travel back to mexico/canada? Does it need to be before october 1st or after october 1st. And also please clarify if my dependents (family) on L2 needs to travel or not? because they will get converted to H4:(. Please clarify this last question.
If you travel after 1st Oct, then you would have already spent sometime on H-1 in US, and that time needs to be spent w/ H-1 employer and not L-1 employer. If you don’t want to be on H-1 at all, then travel prior to 1st Oct (or whatever H-1 start date is). Your dependents also need to travel if their COSes have also been approved.
Hello,
My situation is I am on L1 valid Visa till Apr 2012, I am asking for H1 conversion with same employer, my employer is saying that he can get it changed during the renewal time which is Apr 2012. I have got a question on this scenatio.
If my employer choose to change my visa to H1 in Apr 2012, will it not necessarily to be against 2012 Quota(not sure 2012 cap be still open by Jan 2012), I mean even the 2012 Quota exhausted, employer can still file H1 for me, for which I don’t have to be waiting till October 2012 to start working here?
Please clarify this. Thanks in Advance.
You cannot stay in US based on pending H-1 petition. So even if quota is open in Jan 2012, and your employer files the H-1 petition w/ COS at that time, then you cannot stay beyond Apr 2012 (day on which L-1 expires). A way out would be to file H-1 w/ COS and w/ premium processing, so that you can get the approval prior to expiration of L-1.
If the quota gets exhausted, then the employer can file only in Apr 2012 w/ start date of Oct 2012. As your L-1 would have expired by then, you will have to leave US.
Hi Saurabh,
Thanks a lot for your simple answer. I have another question.
My L1B is expiring on 31-AUG-2011. L1B extension has been submitted. waiting for result. My I94 is valid till Dec-2012. How long I can stay in USA? If L1B extension gets rejected , Still can I stay in USA until DEC-2012. Can I eligible to apply H1 extension once L1B gets rejected.
Thanks
Anis
You can stay in US until your I-94 expiration date. However to maintain your status you either need to have an unexpired I-129 or a pending L-1 extension. In case your L-1 extension gets rejected, you can still apply for H-1 (as your I-94 would still be valid at that point).
Hi Saurabh,
Please let me know the difference between applying for a new H1-B and coverting from L to H? I am on L1-B and my company wants to process H-1 B. Should i go for a new H1-B or L to H conversion. Which is advisable and advantageous to me?
L-1 to H-1 is same as new H-1. When a person files H-1 while already present in US (either on H-4 or L-1 or L-2 etc), they have the option of filing it w/ COS or w/o COS. If approved w/ COS, the status will be on H-1 from the approval start date. Otherwise you will remain on your current visa status and will have to get H-1 stamped from a consulate outside US to be on H-1.
Hi Saurabh,
My spouse H1-B was processed in August and later on Sep 9th upgraded to Premium processing. I could see the Post decision activity status as approved I129 PETITION FOR A NONIMMIGRANT WORKER. Does this mean that the H1 visa petition as approved and can he go for the stamping immediately. However the Employer says they need to receive the I-797 approval to schedule his stamping. Please let me know if this is true and if yes, how long will it take to get the I-797 approval notice from USCIS?
Thanks,
Krupa
One would require physical copy of 797 when attending the interview. Although I haven’t filled the DS form myself, I don’t think it asks for a soft copy of 797. If that is true, then you can schedule an interview, but you need to ensure that your husband has physical copy of 797 on the interview date along w/ other documents.
Hi,
Had one question. My L1B visa is getting expired in Apr 2012. I work with Employer A who is applying H1 with COS which would probably be approved by Dec 2011. Since I was in India for 2 months in between, my H1 visa will most probably have an end date of Jun 2013.
I have plans of staying in US longer than that and may switch to Employer B once my H1 is approved.
My question is:
If I want to stay in the US for a longer duration my GC needs to be filed. Now when should my GC be applied in order to get an extension every 2 years beyond Jun 2013 . I heard that the labor has to be applied before the completion of 5yrs. Is that true. If that is true then my GC needs to be applied before Jun 2012 since that is when I complete 5 yrs in the US.
Could you please explain us briefly when the GC needs to be applied, are there any timelines to complete labor and if there is any rule to apply before the completion of 5 yrs in the US.
Thanks,
Ashish
To get extension beyond 6th year, your labor either needs to be approved or pending for at least 365 days. If your I-140 is approved but your priority date is not current, you can get 3 year extensions; else you would get 1 year extension.
The time period counted in 6 year clock is only the time spent in US.
Thanks Sourabh.
Can you let me know how much time generally does it take to get the labor approved for EB3/EB2. Also, if the GC is applied with less than 365 days of stay remaining in the US and the labor is not approved what would happen.
Say for e.g, My GC is applied in Aug 2012 and my H1 expires in Jun 2013, my labor is not approved and it is pending for less than 365 days, I have to leave US. Can I return back to US and get an extension on H1 once 365 days are completed even though I was outside the US for about 2 months. In short does the labor hold valid even if I travel outside US and can I come back once it is approved or pending for more than 365 days or does it become null and void.
Thanks,
Ashish.
If you go to http://icert.doleta.gov/ you can get the current processing times for PERM. If your petition goes unaudited then it’s around 3-4 months, else it’s close to 10 months.
Yes, that is a strategy – leave US at the end of 6th year term, and enter US once labor has been pending for more than 365 days and file the 1 year extension. You can also recapture anytime spent outside US while on H-1 to get maximum extension period.
Thanks much Sourabh that helps, one last question.. suppose my H1 6 yr term is completed and I leave US. When I return back after 365 days pending status of Labor,can I get an extension on the same visa which was expired with 6 yr maximum period or will I need to apply for a new H1 visa and get extension 1 yr each.
Will the same extension process haveto be followed for extension in such a scenario or is there any other process.
You can apply for extension against the existing H-1. You should discuss this w/ an attorney as well to be sure when exactly you should leave, and plan to return for successful extension.
Hi,
I have a question I am on L1 Visa which is expired, I94 is also expired at the same time, my current employer has filed an extension, USCIS has received the application a response is awaited from USCIS on final decision of extension, no RFE yet. Meanwhile my current employer wants to file for New H1B. Is it possible? Is it legal to file New H1B once L1 Extn is in progress?
Please reply! urgent.
Thanks,
Raj
Yes, that can be done. However if it is filed for same position that may cause an issue. A position eligible for L-1 is not eligible for H-1 and vice-versa.
Also, your final status would be determined on the basis of what gets approved later. Consult your employer’s attorney on various combinations that are possible.
Hi Friends,
I attended PA and My H1 B was put on hold for asking client letter to be submitted. They asked me to drop the documents in drop box. But the problem is I will not client letter. I might get only letter from my Employer. Will it be enough or not? Is there any chance rejection of VISA?
Or there is no chance of rejection as I am already having arroved petetion. Please help me by giving response.
There is a strong chance of rejection if no client letter is submitted. It is almost impossible these days to get H-1 visa stamping approved w/o client letter (in consulting companies, of course). Your employer can still try to explain their situation, as to how they will pay you on a regular basis when you are not a billable asset (i.e. not on a project), but the VO may or may not buy into it.