I have seen many of my friends, who come to US on L1 visa from a major Indian IT consulting company like Infosys, Wipro, Cognizant, TCS, etc and convert to H1B visa after one year or even less. I will try to explain some of the advantages of this process.
Job Market myth in US :
One of the biggest myths when you are applying for H1B visa petition is, you do not know how the job market is in US and How everything works down here in US. People are kind of skeptical about the situation here. I completely agree with perception of situation. Many of the big IT vendors like CTS, TCS or Infy, etc have implementations in US and they bring in their employees to work on site in US. IT people work very hard in India to get an onsite chance including countless sleepless nights and late night conference calls. The bad part is, L1 visa working employees realize after coming to US, that they are not well compensated when compared to their counterparts working on H1B visa in US. Guess what, once they get grounded well around here in US, they plan on L1 to H1B conversion. The process of L1 to H1B transfer is not very complicated.
Advantages of L1 to H1B transfer & implications :
There are many advantages of L1 to H1B visa transfer like below
- Job Market in US Study : The biggest advantage is, if you are already in US, you have a fairly good understanding of how the job market is performing in US. You can talk to people, talk to vendors, talk to friends, talk to recruiters, etc and figure out the job situation for your particular area. You may also check the article for job market study :US recession impact on H1B visa filing for 2011 quota? How is Job Market in US in 2010 – 2011 ?
- Playing Safe : You are playing it very safe, there is no risk involved. Worst case scenario, you can still stay in US on L1 visa if you realize the Job market is not improving.
- Seek Full time Employment with Clients : Your opportunities are not limited to just IT consulting companies. You can start looking full time opportunities with a Client company. Might not be the client company you serve on L1, other similar Clients or American companies who need people with your skills. Your opportunities are in fact, endless.
- L1 to H1B change of Status : Change of status is very simple from L1 to H1B visa. The transfer process is seamless. You can transfer your status from L1 to H1B visa and start working as soon as your H1B starts in October. You do not need to go to visa stamping, unless you plan to leave the country for some reason and re-enter US.
- Choosing Good IT consulting company : You can talk to real companies and verify their authenticity. It is easy to find companies information in US, than in India. Your network is much broader. You have good chance of connecting with people in a company and you can make a wise choice for choosing a consulting company if you have to. For more info, check article : How to Choose your H1B sponsor employer
- Job search, first consulting project time save : You are not wasting any time for job search. The idea is, you keep working on L1 visa and then look for a Job and then take up an opportunity only when you find a good project, at least the first project. You have an option to choose the project. No time is wasted for break through. Typically, first consulting job is the harder part. Good things is, you do not have to waste time for the first job.
- Help for projects : The other added advantage is, let’s say you start a project and you need some technical help or need to discuss some things about anything, you have a chosen set of old company friends who can help you to solve the issues.
I can keep on writing… the above listed seem very logical and definitely gives you an advantages. Your strategy for applying for H1B visa should be a safe bet with the current economy and recession. If you come to US on L1 visa and then transfer from L1 to H1B, you are playing a safer bet. On the other hand, you may have lot of work load and other commitments on L1 visa because you may be the only person on site, but “there is no free lunch, you may have to work double shift to hedge the risk…”
Do you know any other advantages ? Add a comment…
Hi Saurabh,
As I informed earlier my L1B visa and I-94 is going to expires on Nov 2011. Today I got RFE and with in 2 weeks I have to respond for that.
My Question is can I apply for H1B now ? If yes with in how many days ( I hope the oct 2011 cota will open this month) I have to apply for this ? Do I need to apply for regular process or Premium process.
Please Advice me, its very urgent.
Thank you so much for your cooperation.
Yes, H-1 w/ COS can still be filed as long as your current I-94 is valid. If you apply w/ premium processing, then USCIS adjudicates it early, which may be a good thing provided your L-1 extension has hit RFE and current L-1 expires in Nov 2011. Normal processing may take up to 6 months, and may not be suitable your case.
Hi,
I’ve a query very much similar to what people have asked. My situation is like this:
I’m currently working for employer A on L1 visa. I’ve got a project and H1B sponsor suppose Employer B. Now I’ve 2 weeks notice at my current employer. When should I resign from my current employer so that my status remains legal.
Whatever I know is that they will file for my LCA first. Once it is approved then they will file my H1B on premium basis but how long it will take that I’m not sure.
Please suggest what should be my course of action.
Thanks,
Peeyush
What you can do is ask the employer to file H-1 w/ premium processing and give start date of 1-1.5 months in future. USCIS adjudicates the petition within 15 calendar days. Once the petition is approved, you would still be left with 1 month before it becomes active. You can use this time to serve notice period at the L-1 employer. However, following needs to be remembered:
– if USCIS issues RFE then your processing would be stopped until RFE response is submitted. You need to factor in sometime for that as well or be prepared w/ all possible RFE questions so that not much time is wasted in preparing response to RFE
– your L-1 employer may terminate your employment immediately when you resign. As your H-1 wouldn’t become active in 1 month or so, you will have to leave US, and will then have to get H-1 stamped in your home country before entering US to work on H-1.
Thanks a lot Saurabh. Could you please let me know how this conversion takes place. They are waiting for my LCA to come by this friday and then they would start processing my H1-B in premium processing.
Actually my new employer has committed 24th Oct as my starting date.
Please let me know at what step should I resign to avoid any mess. I’m sure that my current employer can’t release me at-least before a week.
Also I don’t want to leave US in between as it will put a huge financial burden on me.
Thanks,
Peeyush
When employer files for H-1 petition, they have the option to submit it as COS (change of status) or consular processing (where one needs to go for stamping). Your employer will have to make the choice for you. If COS is filed and approved, your status would be H-1 from the approval date and you will have to work for H-1 employer from that date.
This is always tricky. Do you really want to give notice period to L-1 employer? What you can do is resign 10 days prior to H-1 start date. But Oct 24th start date doesn’t give you enough breathing space as your H-1 approval may take another 2 weeks and it will give you less time to serve as notice period.
Thanks a ton Saurabh. Highly appreciable.
Based on your answers I’ve some more queries.
Notice period is in-avoidable so I’ve to work atleast 2 weeks for them.
My new employer is doing COS and now my question what will happen after they file it.
Do they get direct approval about it and with the date from which my H-1B will be in effect or do they get any information in between on the basis of which I can initiate my resignation.
Till what period should I wait to resign.
I apologize if I’m asking the same question again but I don’t know how it works behind the scenes.
Thanks,
Peeyush
As USCIS processes the petition, they can either move it to approved status or to RFE. Once RFE response is submitted and processed, they would change the status to approved or denied. While the petition is in process, it’s tough to say whether it would eventually get approved or not. That is why it is really tough to time it and keep all parties happy and also maintain legal status all the time.
See if H-1 employer can push out the start date by few weeks, which could give you more time to resign from L-1 employer. If not, you may end up working 1-2 weeks on L-1 even after your H-1 gets approved. This is illegal, and it may (or may not) impact your future prospects in US (depending upon whether USCIS questions about this 2 week period, and if they do then how satisfied they are w/ your response).
Thanks once again from your guidance. Do appreciate that.So what I have got from this discussion is that I shouldn’t resign until and unless I get my approved H-1B w/COS. Also if there is a gap between the start date and approved date then I can work on L-1 visa for that period otherwise I’m only eligible to work on H-1B for that period.
In case I may need to work on H-1B visa for my L-1 employer then how will it impact my future prospects and also how difficult stamping will be in case I went to India after 6-8 months.
Best Regards,
Peeyush
That is the right understanding. The success of stamping would depend upon your employer credentials, your profile, adherence to immigration laws and your job.
You cannot work on H-1 for the L-1 employer. What will happen is (if your notice period extends beyond H-1 start date) is that you will work for L-1 employer on L-1 while your status would be H-1. If USCIS questions about this in future, then you will have to provide your response and it would be up to them whether to accept it or not. If USCIS doesn’t question about it, then you will be fine. If you have to do this, make sure to keep it to the minimum because more time you spent like this, stronger the chances of questioning are.
Thanks once again Saurabh. Can I ask my employer to mention the H-1 B start date explicitily or it automatically corresponds to the date mentioned in the SOW and PO which are used in filling the H-1B petition.
Regards,
Peeyush
You can ask him for a specific date. However, if there is a big difference b/w that date and that on SOW then that could raise some questions from USCIS side.
Hi Saurabh,
Thanks for your efforts. I am sure many are benefitted. Request your advice on my below scenario.
I am on L1 from Employer A. I have got through interview process of two organizations B and C for H1b processing.
1a. is it ok to have two organizations process H1b for me at the same time?
1b. Will all H1b processing after approval, result in I94 attached approved I-797?
1c. If so, is it mandatory for me to join that organization with new I94 exactly on the approved start date? OR Can I afford to serve notice period and join the Organiation B/C on my convienience? OR do I have the option to decide not to join B/C and continue with Organization A?
1d. What will happen if two organizations process H1b for me and I end up in getting new I94 for both with different start dates? If so Is it mandatory for me to join the organization with latest approved I94?
Pls advice.
1a. Yes
1b. If both are filed and approved w/ COS, then both will come w/ I-94 attached to the bottom of the notice.
1c. You need to start working for H-1 employer from the date mentioned in the approval notice. If you stay w/ L-1 employer longer, then USCIS may question about in future. If they don’t question about it then it’s all fine, else your future extensions/approvals/GC would depend upon how satisfied USCIS is w/ your response.
1d. You can decide to join either of the 2 employers.
Thanks a lot Saurabh!
Hi
I am currently on L1B Visa in US and another prospective employer has agreed to process my H1B by november 2011 . But i will be completing 5 yrs on L1 by Nov 2012. If the new employer processes my H1B, what will be the validity of H1B? Will it be 6 yrs from the processing date or will i just have 1 yr on H1B? Also, i think the term of stay for L1 is just 5 yrs and not 6 yrs like H1B, is that correct.
Thanks
Arvind
Yes, it is 5 years for L-1B visa holders. USCIS should approve the H-1 for 1 year as your L-1 caps at 5 years. They may ask you to submit documentation of how much time you spent in US by submitting immigration stamps in the passport and would then determine the maximum time allowed on H-1.
BTW, is your L-1 (I-129S) expiring in Nov 2011? Also, only the time spent within US gets counted towards the clock. So if you went out of US for 2 months in last 5 years, then that doesn’t get counted.
Hi Saurabh,
Sorry to bothering you again. I just talked to one of attorney and she suggested that my wife can stay here legally since her H1B visa is already filed and waiting for the approval. My wife was on L2 and I was on L1. I got my H1B COS from the 1st Oct. Is it OK for her to stay and wait for her H1B approval/rejection response?
Can you please help us? We are in tense about this situation.
I don’t think it’s ok because her L-2 isn’t valid anymore. However, attorneys are generally more qualified than people like us. If you want you can take opinion of another lawyer, and if they both tell the same thing, then chances are that it’s the right thing.
Hi Saurabh,
I would need your urgent help. I and my wife filed H1 for this year, my H1 got approved and my H1 got RFE. I didn’t submit her name as dependent while filing H1. As I understand now my status has changed from 1st Oct and my wife status is still on L2 and she has valid I-94 till Sep 2014.
Can you please advise what we should do? Is it legal if she stays for 4-5 days? I am planing to send her to India and wait for her H1 approval.
If she leaves US within next 3-4 days, I think it should still be fine. USCIS may or may not question about these extra days in future. If they don’t, then you are fine. If they do, you can reason that she need time to wrap up her things here in US and make airline reservations, which pushed her travel date out by 3-5 days.
Thanks a lot Saurabh, Your reply is relief on our hassled mind. I will book her ticket for tomorrow.
Hi,
I see this website is really helpful in resolving the immigration related questions.
I have a question regarding L1 to H1 COS. Currently i am working with company A in L1B visa. My L1 visa is already expired by 01-july-2011 and i have I-94 valid till 14-June-2014, So currently i am staying in I-94.
1)Can i Apply L1 to H1 change of status through my employer A now?
2)Consider I have filed COS and the petition is still pending with USCIS. In this situation, If i go back to india does COS petition is still valid or will it be rejectd?
3)If my COS is approved and i am in US during the time of approval, Do i need to go back to india and get the visa stamped or can i continue work without getting H1 stamped?
Quick response is highly apprciated.
Thanks,
Prem
1. Yes. BTW, when your L-1 expired, did the employer file L-1 extension for you?
2. COS is considered abandoned if you leave US. However, your H-1 would still be processed.
3. Once COS is approved, your status would be H-1 from the date mentioned in the approval notice. You don’t need to get H-1 stamped at that point. Whenever you leave US next, you will have to get H-1 stamped and enter on that stamped visa to work on H-1.
Thanks for your reply.
1)Employer didnt file the extension for me. I-94 date was given during the port of entry.
You mean to say you are working on L-1 on basis of expired I-129S?
Yes
This is the best site to get almost all the answers, thanks a lot guys. I have learned a lot today, and got a feeling that I’m asking sensible questions here, and not too dumb questions 🙂
My story also starts very similar, but with a very little twist.
I’m working for company A with L1. I got an offer from company B which is doing my H1 COS.
The twist is that I came to US only for a 2 months, and my payroll is all run in India. I only get allowance for expenses while I’m here, and all that is handled in India.
1. Now the question is: Having India payroll affect getting my H1 COS?
2. If the USCIS is not happy about the payroll thing, is there a chance that it will approve the H1, but will not approve COS?
3. Stressing more on 2 as that is my primary question: Is it technically possible for USCIS to approve the H1, but reject the COS?
4. If the USCIS delays my H1 COS approval for any reason(applying thru premium to change to H1 with in one month time), and if I have to go back to India for my current company A, will I be eligible to at least get H1 approval so that I can stamp in India and re-enter with H1 status?
Million Thanks,
Venkat.
I have heard about this set-up earlier as well, and it’s a way L-1 employers make fool of USCIS system. No wonder, USCIS is tightening the screws on L-1 visa. Anyways, below are the answers:
1. It would be tough. You will be asked to submit payslips on L-1, which you won’t have.
2. That is correct. They can approve the H-1 w/ consular processing i.e. you need to go to a consulate to get H-1 stamped.
3. That is possible. Approval of H-1 implies the new employer has a specialized job position that matches your skill set. Approval of COS implies that you have been maintaining valid legal status in US, and can move to another visa status based on that. If your new employer petition is credible then H-1 will get approved, but if USCIS determines that you haven’t maintained status they would deny the COS.
4. Yes, that is correct.
Thanks Saurabh. I have started applying anyway. I have got LCA and my attorney will be filing it on Oct 17 through premium processing.
The attorney says if we provide a company letter from the US company mentioning that I have a valid L1 visa, and I-94, and my payroll is managed in India, it woulg be enough to get COS. In this case I will be showing my India payslips.
I got the letter from my HR in US company and applying for the same.
So what do you think? Will this be tough to get COS?
It would be interesting to see if USCIS buys that or not. IMO, they wouldn’t accept that set-up. If USCIS determines that set-up is incorrect, then they would conclude that you didn’t maintain the status and would not approve the COS.
Hi,
It is urgent for me to take a decision. Request your help!!!!!
I am on L1 from Employer A and applying for H1B premimum through Employer B in oct 1st or 2nd week. My wife and kid needs to travel to India by Oct 1st week and return by Dec 1st week.
1a. Is it ok to proceed with the H1b processsing for me immediately, which will result in having my wife and kid go through H4 visa stamping risk before travelling back in Dec from India?
1b. Is this risk High/med/low, considering the fact that Employer B is a large organization, but I would have joined them only few weeks before in H1B when my wife and kid goes for W4 stamping?
OR
If Employer B permits (very low probability), Is it a good idea for me to ask my Employer B to wait till Dec 1st week to initiate premimum processing H1b so that my wife and kid can return to US with the current valide L2 visas before H1b is processed?
Appreciate your help and advice.
If B is a large credible employer, then stamping should be easy (comparatively). When going for stamping it doesn’t matter how long you have been working for the employer. As long as you have been maintaining status (i.e. have payslips and W-2, if any) and working through a reputed employer, you should be fine.
What you need to make sure is that your H-1 gets processed before they return to US, because for stamping they need your H-1 to be approved first. If they return to US on L-2 while your H-1 is pending, then it may turn into a problem once your H-1 gets approved and status changes to H-1, while they continue to be on L-2.
Does that clarify?
Hi Saurabh,
You are amazing Saurabh. Thanks for the details. This helps a lot!.
Hi Saurabh,
Thanks a lot, for doing this wonderful job.
My situation is, I’m working with company X on L1B visa, which was expired on July 2011 that includes my I94 as well. I got RFE for extension. I submitted all documents and waiting for the USCIS decision. Mean while, I’m thinking to change job here to company Y on H1B.
1) If I apply H1B through company Y, what will happen to the L1B ext? Will it get cancelled automatically?
2) If My H1B approved first then L1B ext, then L1B ext will not be processed? And USCIS will intimate to company X about my status that I got H1B ?
3) What if my L1B ext approved first then H1B, will my final status H1B ?
1. L-1 extension would still be processed. In case your H-1 gets approved w/ COS, you should ask the L-1 employer to withdraw the extension.
2. If L-1 gets processed after H-1, then your final status would be L-1 and not H-1. You will have to work on L-1. There is something called “Last Action Rule” which means the last action taken on your I-94 determines your status. So if L-1 extension happens after H-1, then your status would L-1, else it would be H-1.
3. Read (2)
BTW, as your I-94 has expired, your H-1 may not get approved w/ COS. What this means is that you cannot start to work on H-1 until you get it stamped from outside US or file for COS again once L-1 extension gets approved (as that would come w/ a new I-94).
Hi,
I came back to US in May’11 with an existing L1B Blanket visa after staying in India for more than a year.My I-94/VISA expired in Aug’11.My company applied for L1A extension just before I-94 expired.Any idea of my chance of getting VISA extended as I came to US only 5 months back?
Also in case it is rejected,how many days I’ll have to leave US.Is their any alternative like filing for L1 individual extension/H1 incase my original L1A extention is rejected?
Approval doesn’t depend upon how many days/months you have been in US. It depends upon whether your job is eligible for L-1 and whether you have been maintaining legal status in US, amongst other things.
In case your extension is denied, you will have to leave US ASAP as your I-94 has already expired.
My L1B blanket visa extension has come up with RFE. I have approx 3 months to reply to RFE. My I-94 expiry date is October 3rd. Can i apply for change of status to H1B with another company after October 3rd?
COS may not get approved once I-94 expires. If you want to apply for H-1 w/ COS, it’s better to do that before I-94 expires.
Hi Saurabh
I have question regarding My L1B Visa.My L1B visa is expired my company applied for L1B Extesnion but I got an RFE.Now I am looking for an option ot avoid rejecting of my L1 Extension,Can you please suggest any alternatives becuase I have only 2 months given to me.
The only way to avoid L-1 extension’s rejection is to provide the information USCIS is looking for. Do you know what they are asking for?
If your I-94 hasn’t expired yet, you can find an employer willing to file H-1 for you w/ COS. If I-94 has expired, then also H-1 can still be filed, but COS may not be approved.
Saurabh
I have the following question
Currently my Visa Petion is Expired and my L1 Extension is in RFE.But my I94 says 09/08/2013 .
Is it that though In my I94 ir says 09/2013 but my Petition expired on 09/08/2011 is it considered that my I94 is also expired.
No, your I-94 is still valid but petition has expired. You are legally allowed to stay and work while your extension is pending. If your petition gets denied, then you will have to leave US ASAP.
Suarabh
Thanks for your Inputs.One last Question i have is since my I94 is active Can i withdraw my L1B and Apply for L2 staying in US only becuase my husband has an L1B Petition an due to health issues I am not able to travel to Inida for Stamping.
Yes, COS can be applied and once it is approved your status would be L-2.
I want to apply H1 with out COS. For that do we need to mention starting working date?
Once H1 get approved , then to apply COS how long does it take? Can COS be premium? If so what is the cost of applying COS w/premium.
Thanks
Madhu
Yes, start date always needs to be mentioned in the I-129 form that the employer would submit.
COS processing may take around 2 months, but the actual time would depend upon the processing center and processing times at that center. I don’t think COS can be premium by itself.
Hi Saurabh,
Thanks for your great effort. Here is my case. I got RFE on my L1B Extension on 09/27/2011 for Company A. Now company B wants to sponsor H1. Whether in H1 w/COS we can mention start date is say 11/10/2011? So if we submit H1 with Premium processing this week , say within 2 weeks I will get result. Say ,it is approved on 10/15/2011.
1) so on 10/16/2011 what should be my status? Will I still be on L1?
2) Can I continue to work for company A on L1B ( pending RFE) until 11/10/2011. Then from 11/10/2011 , I will work for company B. Is that a possibility?
Thanks
Subrata
1. If H-1 COS is approved w/ start date of 11/10/2011, then your status would still be L-1 b/w 10/16 and 11/09. 11/10 onwards you would be on H-1.
2. Yes, assuming your H-1 COS is approved w/ date of 11/10/2011. If the H-1 COS is approved w/ start date of 10/20/2011, then you can be on L-1 till that date.
Once COS is approved, a new I-94 is attached at the bottom. Dates on that I-94 determine when your H-1 status would commence.
Hello Saurabh,
I have a very quick question to you. Is October a cut-off time before which we need to apply for H1?
I’m working for a company A on L1B visa and it’s validity is until march of 2013. I have a job offer from Company B (US Employer). Now, Company B has to apply for Change of Status from L1B to H1B. In this case, as this is already Sep ending and let’s say the Company B applies for my Changes Status in the first week of October, will the application be still considered ? Will I be able to get the approval with 15 days in case of a premiuum processing in this case.
Thanks,
RP
Please res
No Oct is not the cut-off time. One can apply for H-1 as long as quota is open (which is around 50% exhausted). B can apply for H-1 once they are ready to file the petition. You will be considered in this fiscal year’s quota (FY-12). Adjudication will happen within 15 calendar days if filed as PP. Does that clarify?
Thanks very much for the response!!!
Does it mean L1 to H1 COS will come under CAP?
Thanks,
RP
Yes it will come under cap, as you didn’t have any H-1 to start w/. You will not come under cap only if you have H-1 that has been approved in the past.
Hello Saurabh.
You are doing great job via this blog. I have a fair question here. I am on L1B visa valid till end of Oct 2012 but I am not at all satisfied from compensation perspective after devoting 10 years to my employer. Hence I am interested to explore market. My Questions :
1. How much time does new Employer will take to get me H1B.
2. I am talking about reputed employer CMM Level5 companies but still is it safe to handover passport to get H1B stamped ?
3. . Once I get the H1B stamped, do I need to go out of US & come back on my new visa H1B. Mandatory ?
4. Is it mandatory to join the Employer B on the same date as on your H1B visa date, I hope we can join later. Or I should ask does that mean my existing visa will be wasted once H1B will be active. ?
Regards,
Meena
1. The employer would need time to interview you, then collect documents and send them to the employer. Once that is done, they need to file LCA (1-2 weeks) and then file I-129 w/ USCIS. If filed w/ PP (premium processing) it would take 15 days for USCIS to adjudicate, else it may take 2-6 months. In case RFE is issued, it could delay the processing.
2. You don’t need to handover the passport for H-1 processing. Photocopies need to be sent.
3. If it is filed and approved w/ COS, you will be on H-1 from the approval date mentioned in 797 that would come along w/ approval. You don’t need to go for stamping in this case. You would need stamping when you travel outside of US next and want to return and work on H-1.
4. You have to join H-1 employer from the date mentioned in approval notice w/ COS. If you want a later date, then B should request a distant start date.
Let me know if you have additional questions.
Hi,
My situation is like this. I am currently on L1 with company A. I have my H1-B in processing with Company B. Now I am getting some good offers from other companies. I have couple of questions around it.
1. Can other company(ies) file for another H1-B while one is already in processing?
2. If answer to question 1 is yes, what are the implications of doing multiple H1-B processing? Will there be any challenges if I have multiple approved H1 petitions?
Response will be highly appreciated.
1. Yes
2. No implications. As soon as any of your petition gets approved w/ COS, your status would be H-1 and you will have to work for the H-1 employer. If multiple petitions get approved, then you can decide to work for any employer for which your petition has been approved. If COS is not approved, then you should continue to work for L-1 employer.
Thank you so much Saurabh.
Dear Sir,
I work for company A, i have L1B from company A. I was in USA for 11 months on L1B. Recently i’m back to India. During the time i was in US, employer B sponsored H1B for me. it is approved. Till now i didn’t go for H1B stamping(Im in India). Now i got opportunity to travel on L1B from company A to the same client. I prefer to travel on L1 and change employer some time after october 1st.
Here are my Qns
1) Can i travel on L1 with approved H1 but not stamped
2) If i travel on my L1 do they ask about my H1 during the port of entry
3) Do they cancel my H1 if i travel on L1
Please help me by answering my queries.. it is very urgent..
Thanks,
Ranjith
1. Yes
2. You may be, but you can tell the officer that you intend to work for L-1 employer
3. No, they won’t. Once in US, your H-1 employer can file COS for you (from L-1 to H-1) and once approved you can work on H-1.
Hi Sourabh… Can you answer my queries please. it is urgent.
Hi Kumar, This is an amazing blog.
Congratulations for all this good answers.
I am working for an american company in central america, and they started the h1 process in MAY…. ,
this is the 3rd time that lawyers send the documents and if it doesn’t work we will start process for L1.
My questions:
1- Is it a problem to get married after L1 or H1 process with a girl of a foreign country and start the L2/H4 companion process?
2- If she gets the L2/H4 , is it really difficult for her to get a working visa, or the process has to be started JUST by a compay request?
3- If she cannot get a job visa, is it possible to work in something with an L2/H4 or which option is better for her in that case, L2 / H4? which option gives her more oportunities?
My concern is because she has been working in finance for 10 years so if she goes with me I know that she will need to work, or see that she has the option to start a process for working, otherwise she won’t go with me. =(
I appreciate any help and comment about it
Thanks!
1. No
2. An employer needs to file H-1 for her
3. Being on L-2 allows her to apply for EAD, which would allow her to work. H-4 has no such option.
Hi Saurabh,
I’m on L1-B, Visa and I-94 is expiring on Nov 2011. My Company initiated extension process, My question is Can I apply for new H1B ? If yes, please advice when I have to initiate a process for that.
Thanks in Advance.
It needs to be done before your I-94 expires so that you can opt for COS. In case your L-1 gets denied and your H-1 is still pending, you will have to leave US.
Hi,
I’m on L1-B and Valid until Nov 211.So company initiated for extension process. My questions are :
1. In worst case if my extension get rejects, from India when can I apply for Fresh H1 B Visa means what is the gap is required it it 6 months or more?
2. Am I eligible to apply new L1-B again ? If yes what is the gap is required is it 6 months or more?
Thanks in Advance.
1. No gap is necessary. It can be applied soon after your H-1 gets rejected, or if you want it can be filed even before the rejection.
2. Yes, the employer can do that as long as you remain eligible for L-1. No gap is mandatory.
Hi,
I am working on L1 A blacket with employer A, my visa/i94 is valid till Feb 27 2012, company b has applied for my H1 W/O cos. its still under review and will know in next 15 days.
1) My question is if my h1 gets approved can i still work on L1 B is NOTapplied for COS?
2) Do i need to go out and enter with my L1 again after h1 is approved? or i can continue with company A (L1) without going outside (as nothing happened)
3) does this voids h1? can some other company apply for my H1 (with out quota limits?) What are chances of approval ?
1. Once your H-1 gets approved w/ COS, your status within US would be H-1 and you need to work for H-1 employer and no one else.
2. If you plan to continue to work for L-1 employer, then you need to travel out of US and re-enter on L-1 visa stamp to be on L-1 visa status.
3. It doesn’t void H-1. Your H-1 would still remain valid and you can use it in future by filing COS. Another employer can do ‘H-1 transfer’ for you by filing another petition which is not subject to quota.
Thanks,
2) then you need to travel out of US and re-enter on L-1 visa stamp to be on L-1 visa status.
Does this also holds true if the employer have not applied H1 W/O COS?
Its a simple H1 application they were planning to apply for COS once H1 is approved. If they dont apply for COS can i work for my existing (l1) employer without re-entering US?
If H-1 was applied w/o COS or if COS is not approved, then you don’t need to do that. You would remain on L-1 status and continue to work as if nothing ever happened.
Hey Saurabh !!
Thanks for prompt response, I am following this site for quite some time now and really appreciate your prompt and to the point replies.
Thanks again.
-Madhu
Hi,
I was in US with my L1B. when i went for extension, I got RFE. In this mean time, my visa and I-94 got expired and Sep 14 and my RFE response cut off date is Oct 28 2011.
So my company initiated H1b conversion. It got approved last week. But didn’t get he papers yet and i don’t know whether i-94 will be attached to the approval. Just 2 days before it got approved my company responded back to L1 extension RFE.
Now my question is, Since i got my H1 (keeping in mind that i didn’t get the papers yet) do i need to pull the L1b RFE response back? or wait till i get the papers.
Second question is if i get my L1b extension also approved, which one will be valid is my H1 or L1?
Thanks
I would suggest to wait and see if H-1 was approved w/ COS or not. If it was approved w/ COS, then you need to pull the extension back and start working for H-1 employer from the approval start date. If COS was not approved, then you will have to let extension continue so that you can get a new valid I-94.
Assuming your H-1 was approved w/ COS and later L-1 extension gets approved, then your final status (after L-1 extension) would be L-1. However, you will be on H-1 during the period b/w H-1 approval and while L-1 extension is pending.
Hi Saurabh,
You are really doing awesome job from the past one and half year by answering questions of every one in same thread. Thanks a lot for that. Here is my case:
Situation:
I am in India and working for an IT company A, They filed L1 and It got approved yesterday on Sep 23rd 2011 and I will receive Passport with VISA stamp in one week. But my company A want to send me to Onsite after December 2011. Today I got an offer from a US company B and now they ware starting H1B processing for me.
Questions:
1. Consulate will send my Passport in one week, but Company B want to file H1B in this same week. Does this H1B processing impact my L1 approval?
2. As I am in India now, If I get H1, still company B need to apply for COS or will my status automatically change from L1 to H1?
3. If H1 get rejected for some reason, do I still have my L1 active?
4. My company A didn’t applied L2 for my wife yet. So if I get H1, Can I file H-4 and after getting it , can we both go to US together and join the company B to work as H1 B employee?
5. If I get H1, I have to resign Company A , but I can’t travel to US immediately because as per my company policy , I have to work till my notice period (2 months) ends. So does the Company B can wait till that time? My question in other words, If I get H1b on Oct 10th, I can work from Oct 11th itself, But is it ok or legal to go to US late like in DEC or in Jan 2011 to start my work?
Thanks,
Surya
1. No
2. No . COS is applicable only when the beneficiary is already in US at the time of filing. As you are not in US, COS doesn’t come into picture.
3. Yes
4. Yes
5. It’s up to B whether they want to wait or not. If they are willing to wait, you can join them in US on H-1 two months later. Remember to carry a recent offer letter from B stating their intent to hire you on H-1.
Also note, that when you go for H-1 stamping, your L-1 may be canceled w/o prejudice.
Thanks Saurabh for quick reply.
I was scared about the note you specified. So you are saying that they may cancel my L1 in case if they willing to give H1 or they may cancel even before they decide on my H1? If that is the case , i will be be in big loss. Also i need to answer to my Company A. they will ask like “We spent lot of money on you for getting L1, why u did this…”.
So how much % of chances are there to happen in this way? What path do you suggest for me?
Thanks,
Surya
We have couple of missing comments in b/w, but for sake of clarity I am posting your last comment below
———————————————————————–
Yes Saurabh. Here is my plan.
I will apply for H1 and i will go to Consulate for H1 stamping without informing anything to my present company A. if it gets approved, immediately I will resign in company A. But i have to work 2 months notice period. So i will ask my H1 employer to wait for 2 months. Once i relieved , i will fly to USA to work with H1 employer (company B).
If my H1 be gets rejected, I will continue as usual in Company A and i will fly to USA with my L1 when my company send me.
Please let me know does this plan workout?
Looking for your valuable advise.
I really appreciate your valuable time in answering my questions. Its been a great help for us.
Thanks,
Surya
———————————————————————–
Usually they cancel previous visa only after approving the visa in a different visa category. So if your H-1 visa stamp is rejected, then you can still use the L-1. If the VO mentions anything about canceling the L-1 visa stamp you can request him not to do so as you plan to use it incase things don’t work w/ H-1 employer. It would be then VO’s discretion whether to leave it or cancel it.
Thanks Saurabh for your detailed answer.
Hi Saurabh,
I’m been working in the India office of a US-based software major. My company has now offered me a position at our US headquarters. My firm is willing to sponsor either H-1 or L-1 for me and the related dependent visa for my wife. I’m trying to understand which will work out better. My wife has finished a PhD in biotechnology in India but she’s not working yet. If she comes here on H4, she won’t be able to work and I’m not sure how willing prospective employers will be to file for her H-1.
In this situation, I’m considering coming to US on L-1. My company attorneys have said they will file for the EAD which will permit my wife to work on L2.
My question is – are there any downsides for me to come in L1 vs H1? Can this create problems if I later want to switch to a different company? Should I come in H1 instead and hope my wife can later get her status changed to H1 or should I take the L1 route?
Looking for your advise.
Thanks!
Amit
Just wanted to add that I’ve already discussed salary with my company so which visa I opt for should not affect compensation. That given, which is the better visa for my situation?
If you come on L-1, you will have to work for L-1 employer only. However, when you come on H-1, you have the option of changing employers w/o going through the H-1 cap system again. When on L-1, a different employer can still file H-1 petition for you w/ L-1 to H-1 COS but that would be subject to cap as you wouldn’t have any existing H-1 at that point.
As she doesn’t have any work experience, it may be tougher to find good H-1 sponsors for her. What you can do is come on L-1/L-2 and let her start to work for an employer on EAD. Once the employer is ready to sponsor her H-1 based upon her performance, she can move to H-1. At that point, you can decide whether you want to continue to work on L-1, or want to file COS to H-1 through same/different employer.
Hi Saurabh,
Huge thanks for the advise / suggestions! You’re doing a great job here helping folks wade through all the visa complexity.
Amit
Hi Saurabh,
Thanks for your informative answers. Here is my situation.
I am on L1B (which is valid till April 2013) with Company A whose client is Company C. Company B also works for the same client. Now Company B is ready to hire me for the same project I am working for Company A and transfer my L1b to H1b. so what I would like to know is:
1. Can I give 2 weeks notice to company A after my H1b & COS gets approved ?
2. If not what would be the best time to submit my resignation to company A?
3. Assuming that if I am submitting my resignation during my H1b and COS processing and my 2 weeks notice gets completed before my H1b and COS approval, do I need to leave to India and return to US after my H1b approval?
1. Once your COS gets approved, you need to be working for B from the date mentioned in the approval notice. Legally, you shouldn’t be working for A anymore.
2. If you do have to give enough notice to A, then you should plan to do that before B’s H-1 kicks-in. Yes, it is really tough to time all of this to perfection. There might be some overlap (i.e. you still working for L-1 employer after H-1 COS has been approved). USCIS may or may not question this in future. If they do, then you can let them know the reason and it would be up to USCIS officer whether to accept your reasoning or not.
3. If COS gets approved, then stamping is not required until your next travel outside US. You can start working from the approval start date and go for stamping only when you have to travel outside of US next.
Hi,
I am currently working in US on L1 blacket visa for Indian IT company A(valid till 2013)
I got an offer from a US company B and they processed H1 visa. Today I received notification that my H1 petition for employer B is approved and it is valid from 03-oct-2011.
I have not yet informed my employer A about my H1 visa. Thought I can inform my employer after I get my H1 visa. They will ask for a month notice. What are my options here.
1. Travel to India before oct 3(say on sep 29) and come back to US on oct2 using my L1 visa.
Will doing this make my H1 visa dormant and allow me to work for my old employer A. Will my employer A be notified?
After quitting employer A, can I start working for employer B once he files for COS.
Let me if there are other options ? What would be the best approach for me to take
Thanks a lot !!!
–Jonah
1. Your H-1 would still remain valid, but your status would remain L-1 and would not change to H-1 on 3rd Oct. Employer A would not be notified about the H-1
2. Yes. However, you need to be careful about the dates. You cannot work for B until COS gets approved and so you have to resign from A in such a way that it allows you to work for them just until COS approval start date and then for B thereafter. Does that make sense?
Thanks a lot Saurabh !!! You saved my day.
I would prefer to quietly travel to India and come back in the weekend…..lol
Just out of curiosity, what would happen if I continue to work for Employer A even after Oct-3. Will the employer A be notified ?
As your H-1 was approved w/ COS, your status would be H-1 from 3rd Oct and you shouldn’t be working for L-1 employer beyond that date. More than impacting the employer, it will do harm to your future prospects in US. Your future stampings, extensions and transfer may be impacted if you work for L-1 employer even after H-1 is approved w/ COS.
Thanks for your words of wisdom !!!!
AGAIN THANKS !!!
My Question is simple but needs some concentration and I would appreciate to reply to me quickly please.
I am leaving my current employer who gave me the L1 visa (which is by the way still valid till Oct 2012) and i am going to another employer who gave me the H1B Status starting Oct 1st. However when i submitted my resignation at the beginning of this week (with a two weeks notice till end of September) i said that i want to go back to India for Family reason and do my own business over there.
My manager said that he can give me an Unpaid Leave for up to 2 years.
– If i accept that, will it be legal to do it knowing that i will be in the US working for the new employer.
– If it is legal, when i am returning back to my old employer and he is filing for an L1 or an H1 will he knows that i was working with another company?
– I am just taking in consideration the case if i don’t like the new company and want to go back to the old one, what will be the safest way?
– If meanwhile the new company filed for my Green Card (EB1) and I got it, it will be much safer to go back to the old employer, is that correct? (since i can tell him that i received it through family for example).
Thanks So Much for you….
1. Legal probably yes, as long as you don’t collect any salary from L-1 employer in US or in your home country. Whether it’s ethical or not is a different question.
2. How long have been working here in US on L? You can spend maximum 6 years in US on H and L visa. Depending upon how much time you are left for your H and L when you move back to old employer, they might know about your H-1 stint. They can also be told about it by someone who knows that you have been working in US on H-1 after taking leave from L-1 employer.
3. They would have to file COS from H-1 to L-1 if you want to work for them on L-1. This is another indicator to them that you were working on H-1. The other option is to leave US, and re-enter on L-1 visa (you might need to go for L-1 stamping if current visa stamp has expired). This would avoid COS filing.
4. Yes, that’s a plausible argument.
Hi
Mine is a very strange situation, please suggest me something in this case.
I am on L1 B with employed X, and employer Y has already filed H1 B for me and it got approved and the status will be changed from Oct st, 2011. I am planning to resign on Sep 30th, where as my current employer needs 2 week notice, if i join Employer Y after serving notice period here, will it effect my future plans for green card, and will USCIS come to know that i will be working for X with out proper visa.
Please help me in this.
Thanks.
Legally, you should be working for H-1 employer from 1st Oct. It may impact you in future, if USCIS questions you about this tenure. You can try to explain the situation and it would be up to the USCIS officer to buy or not buy your reasoning. If USCIS doesn’t question you about this period, then nothing will happen.
Hello Saurabh Please answer my question I am really very stressed out about my situation.
I have a question about my final status. Currently I am on L2 visa and working with an EAD. My husbands employer filed an H1B for him and H4 for me in Jun 2011. My hus’s H1B got approved and my H4 got approved on Sep 14th 2011. At the same time my employer filed H1B premium processing on Sep8th and my H1B got approved on Sep 15th 2011.
It clearly says Change of status on my I-797 notice and I have a valid I-94 attached with it. I still haven’t received my other I 797 for H4 though it was approved.
Now my question is which will be my final status. Is it H1B or H4 starting from Oct 1st. Can I have two I 797 A forms. Do i have to go out of the country and get it stamped to get the H1B status valid starting from Oct 1st 2011. Or can I continue to work on H1B ignoring H4. Please please answer my question.
Thank you very much for your help.
Anu
The last I-94 to be approved is your final status. From your response it looks like H-1 was approved later on Sep 15th. So that looks like your final status. However, these dates are too close, and you need to be very clear about the dates.
Thank you very much for the quick response Saurabh. That has cleared my doubt. For sure my H4 got approved on Sep 14th and H1 got approved on Sep 15th. Just one day difference. Though there is just one day difference still my final status will be H1 right?
Will my H1 become active automatically starting from Oct 1st or Do I need to do something to get it activated.
I really appreciate your valuable time in answering my questions. Its been a great help.
Thanks alot
It will start automatically on 1st Oct. You need to start working for H-1 employer from 1st Oct and start getting paid. Any time spent on H-1 w/o getting paid may jeopardize your future prospects.
Author: Saurabh
Comment:
Your status would be H-4 b/w Sep 14 and Oct 1. From Oct 1 onwards, you will be on H-1. Did you work for 2nd half of Sep on L-2 EAD?
Unfortunate part is there is no system where you can submit your information and know what your current status. It’s one’s best judgment on what the status should be. From the dates you have mentioned I think you will be on H-1 from 1st Oct, and can work for the employer on H-1.
HI SAURABH,
I just pasted your response above for my question just for your reference as I couldn’t find it in here.
Its a been a great help from you. Thank you very much for all the support and help you are giving to everyone in here.
Yes I did work continuosly even in sep on L2 EAd because we received our H4 documenation only on Oct 1st. That’s when we realised the validity. But that was already done so my question is
does it have any impact on my status or on anything? Do I have to send a letter to USCIS for H4 cancellation?
But My hus’s H1 is valid from Oct 1st. Since they are interrelated and H4 is a dependent visa of H1,When H1 is valid from Oct 1st how could H4 be active from Sep 14th though they mentioned it in the document.
Sorry to bother you with all these questions but you are the only one giving answers to my questions not even my attorney who took thousands of dollars for their work.
Finally please please let me know what should I do now.
Shall just keep quiet and continue to work or should I send a cancellation request letter for H4 to USCIS. Also What should I do for that 15 days period that I worked in Sep.
I hope you will not get tired of my questions and I am hoping to get an answer from you.Thank you.
If your husband’s H-1 was valid from 1st Oct, then your status was still L-2 until that date. It makes no sense for H-4 to start earlier than H-1. I don’t think you did anything wrong by working on L-2 until 1st Oct.
H-4 cancellation is really not required. IMO, you can continue to work on H-1 based on your approval notice. I know this all can be confusing, but next time you travel in to US, you will get a fresh I-94 and will know for sure what your status would be going forward.
HI Saurabh,
Thank you very much for all the help and advice with my visa issues. You’ve been a great help.
Thanks again,
Anu
Hi Saurabh,
Please answer my question.
You can find my case history from my above questions. As you are aware I have got both H4 and H1 B approved this year.
Finally I ve got my H4 documentation. It says notice date Sep 14th and valid date Sep 14th 2011 to Oct 2012. This is a change of status from L2 to H4. and my H1B notice date was Sep 15th and valid from Oct 1st 2011 to 2014. This is also a change of status from L2 to H1B. So now My question is Based on the above dates now which status I am on? and Since H4 is valid from Sep 14th and H1 B is valid from Oct 1st during that 15days time was it illegal to work. (Since I am already working on L2 EAD). Now to get the H1 status do I have to get it stamped to void my H4 status? Please please answer my questions.
Your answers are more valuable than my attorney’s answers.
Thanks a lot for your help.
Your status would be H-4 b/w Sep 14 and Oct 1. From Oct 1 onwards, you will be on H-1. Did you work for 2nd half of Sep on L-2 EAD?
Unfortunate part is there is no system where you can submit your information and know what your current status. It’s one’s best judgment on what the status should be. From the dates you have mentioned I think you will be on H-1 from 1st Oct, and can work for the employer on H-1.
Appreciate your quick answer to my below question please since i am running out of time….
My case is that i have L1 from my current employer and i got H1B from a new one with a COS (I94 attached to the I797) starting Oct, 1st, 2011 and i want to stick with the L1 employer since he will start my Green Card Processing in November 2011.
1- So i will have to leave USA and come back before Oct 1st, 2011: is that right??
2- If yes, will my H1B be cancelled automatically? and Will my H1B status will not start anymore in Oct, 1st, 2011? Do i have to inform the USCIS ?
3- Is Canada an Option to go to and come back? Will my L1 visa permits me to do that or do i have to get a new visa for Canada?
4- Is there any time limit or can i go and come back in 24 hours?
5- Will the current employer knows that i have ever got an H1B visa from another employer?
6- Will the Green Card filing starting Nov 2011 gets impacted by my H1B?
Appreciate your quick answer since i am a lot worried about that,
1. Yes
2. Your H-1 petition doesn’t get cancel. You can say it becomes dormant. At a later stage, you can file COS from L-1 to H-1 and work on that petition. You have been counted in the quota, and moving to L-1 doesn’t put you out of quota.
3. You need a Canadian visa in order to travel to CA. It’s better to consult a lawyer or check w/ someone else if you can just go and return on same day.
4. Same as 3
5. They won’t unless your H-1 kicks in on 1st
6. No provided you have been maintaining legal status.
Hi Saurabh,
I am in L1A which expires in Nov 2011 and my current company is applying extension for the same. But planning to go for H1 through another company. If both (L1 extn & H1) are applied in the month of Oct 2011, I will go for H1 premium and get it approved, how do I stop L1 processing so that it doesn’t affect my H1. Is it possible ?
Thanks,
Vinu
You can ask L-1 employer to stop the processing when you leave them. However, that doesn’t ensure that they would withdraw the extension petition. I don’t know what other options there are that could help you in this regard. Talk to an immigration lawyer.
Hi,
I was reading your very helpful answers and i got a fear from my current situation…
I am on a valid L1 and a new employer filed for my H1B with COS starting April 2011 (few months back), but i am continuing to work for the L1 employer till now… AM I ILLEGAL??
If yes, how should i proceed to correct my situation? Knowing that i still want to continue working for the L1 employer since he promised to file my green card in Jan 2012.
PLEASE ADVICE ME AT YOUR EARLIEST CONVENIENCE…APPRECIATE IT A LOOOOOOOT…
If you have got new I-94 attached with the I-797 while your H-1B CoS was filed, then you are ILLEGAL in USA. Consult an attorney immediately.
If you are ILLEGAL,
1. Your futher visa extensions will be doomed.
2. Your grean card processing will be a no-no.
3. You will be deported.
It isn’t clear to me from your question if your COS was approved in Apr 2011, or if your H-1 was filed in Apr 2011. Legally, you should be working on H-1 from the COS approval date. So if your COS was approved in Apr 2011, then you should have been working on H-1.
At this point you should consult an immigration lawyer to discuss your options. I that know is to leave US, get H-1 stamped and enter US to work on H-1 (or enter on L-1 visa to work on L-1). That would put you back in status. However, you may be questioned at the PoE regarding your L-1 H-1 mess.
Hi I am currently in US with L1B (sponsored and employed by Company A) visa valid until 2013 (also I-94). A US Company B filed H1B CoS for me last week via premium processing. Since I had to serve a notice period of 2 wks with Company A, I have set my exit date with Company A to be 3-Oct. Unfortunately my H1B CoS has gone for an RFE. I understand my L1B gets cancelled the moment my employment is terminated with Company A. In case my H1B CoS doesn’t get approved by 3-Oct, is it legal for me to stay in US post 3-Oct till USCIS makes a decision !!!
Have you already resigned from A? I hope you are not. If no, then you are ok to continue with A until USCIS come back with decision. 2 Weeks notice period is a tricky thing. As per USCIS, you got to work for H1B employer the next day USCIS approves your H1B petition. L1B will be cancelled only when the H1B CoS is approved by USCIS.
No, you cannot stay beyond 3rd Oct, if H-1 doesn’t get approved. You will have to leave US ASAP. However, if the delay b/w 3rd Oct and H-1 approval date is then that could still be explained in future (but it depends upon USCIS officer discretion). Also, your petition was filed w/ PP. So if your employer submits the response now, you may still get the result in 1st week of Oct.
Does your H-1 employer have an attorney? You can consult them as well.
Hello,
My situation is as follows… currently I am on L1 visa valid till Apr 2012 from company A, I am requesting the same employer A to file H1 this year for 2012 quota, he is kind of ready to do that in October timeframe, also my situation is I don’t want to go india in december to March timeframe due to some personal reasons, also my employer is not willing to do with COS, but my questions are
1) if my employer file H1 in October 2011 without COS, after my H1 Visa approval can I delay the visit to India till April 2012 to get my stamping done and come back in April month on H1 visa to start work here?
2) All I am looking at it to avoid the H1 initiation for next year(in that case I can only start working in Oct 2012), just apply the H1 visa for 2012 Quota in this november and delay the India visit for stamping done in April 2012 month.
3) Typically how long we can wait to get the stamping done after the H1 approval? is this going to be late for me, where there might be too many questions from Visa Officer for me in April 2012?
Please let me know. Thanks in advance.
Basha.
1. Yes. If your H-1 is approved w/o COS, then you can continue to work on L-1 until Apr 2012. At that point you can leave US, get H-1 stamped and then enter US on H-1 to work for H-1 employer.
2. H-1 can be applied at most 6 months in advance. So if you want start date of April, you can do back calculation to find the possible filing date that allows you to still file in FY-12.
3. There is no upper limit. You will have to carry all the documents when going for stamping including a recent employment letter, which shows that employer is still willing to hire you.
Saurabh,
I have final question on this, my another thing is my Passport getting expired in Sep 2012, can I go for H1 stamping in April 2012 with the current passport, if not should I be renewing the Passport before going for stamping as it will be only valid for 5monts from April 2012? Please confirm, thanks in advance.
Basha.
It would be better to first renew the passport and then go for stamping. It is generally recommended to have passport valid for at least 6 months when travelling to US.
Hi,
I am working for a company A in US from last 4 yrs. My L1 visa expired in March 2011 but my I-94 is valid till Nov 2011.
Company applied for L1 to h1b conversion on premium basis in that I got RFE.they asked for the client letter which I have submitted.
now what are the chances for approval and how much time it will take?
Regards,
Garima
Thanking you
Chances of approval depends upon whether USCIS is satisfied w/ the submitted document or not. There is no one size fit all answer to this question. As for time, USCIS would adjudicate it within 15 calendar days of receiving employer’s response (as it’s filed w/ premium processing option).
Hi,
a Quick but very urgent question please…Hope you can respond me at your earliest convenience please !
I am working for EMPLOYER X with L1 visa and i got a new offer from EMPLOYER Y who processed the H1B and i received the approval notice starting Oct 1st, 2011 and attached to it the I-94. Employer Y does not have yet any project, so can i continue on working for Employer X till Employer Y gets a new project? Will that be Legal ?
Thanks a lot,
Awaiting your reply please please please
No. You need to work for Y from the approval date mentioned in the 797 i.e. 1st Oct 2011. In order to continue to work w/ L-1 employer, you:
– can file COS from H-1 to L-1, but that may not get approved by 1st Oct
– travel out of US and re-enter on L-1 visa so that your status would become L-1 even after 1st Oct
hi saurabh,
this is the same with my situation, if i re-enter US with l1 visa and i can continue to workwith employer x, right? but i still have H1b visa? and if employer y has already a project for me, employer y will just file a COS?
thanks..
Yes, if you enter on L-1, your H-1 petition would still remain valid. To work on H-1, your H-1 employer or you will have to file for COS from L-1 to H-1. Until COS is approved, you need to work on L-1.
Thanks a Lot for your reply and clarifications….
When should i go out of US and enter again? Should i go out before Oct 1st and come back again before that or should i go out before Oct 1st then come back again after that?
Thanks a lot, Really Appreciated a lot !
You should do this prior to 1st Oct. From 1st Oct onwards, you will be on H-1, and let’s say if you go on 7th, then from 1st to 7th you would have been on H-1.
Hi Saurabh,
I am working for company A around 5 years in which 2.5 in offshore and 2.5 at onsite on L 1 Blanket Visa. My I-94 is going to expire on Oct 2011. I have applied for a L1Blanket Visa extn with my company. However, recently I received RFE from USCIS on this exention.
I also, received calls from one of the consultency that they will offer H1 processing and employment with another company in US.
Now, I am thinking to apply for H1 processing with that consultency, just in case my L1 extention denied. I have some questions here.
1) Can I apply for H1 when the L1 Blanket extention is in RFE status paralley and wait for the L1 extention decision?
2) If my L1 extention denied will it impact H1 processing?
3) What is the time lines for H1 application this year and quota status?
1. Yes
2. No, but you will have to leave US if your L-1 extension is denied, but H-1 hasn’t been approved w/ COS yet.
3. Normal processing may take 2-6 months. Premium processing takes 15 calendar days. In case of RFE, process can be further delayed.
Thanks Saurabh for youre response. Please clarify more on your answer to the 2nd question. It would be highly appriciatate since I am in turmoil state now. It is urgent.
You said, I have to leave US if my L1 rejected before I get my H1 with COS approved or rejected. How many days maximum I can stay after my L1 rejection? Can I stay here for some more days until I receive the result of H1 (hopefully it is a premimum processing)? Will the duration of unlawful presence after L1 rejection will impact the decision of H1? Since I don’t have L1 will it be still considered as H1 with COS? If not, what should I do? Please clarify. Thank you very much.
There is no grace period set by law. So they would want you to leave ASAP, but it’s understandable that one might need up to week to wrap up things. IMO this is a valid reason which you can give to USCIS if questioned in future about it.
Also, once you leave US your COS will be abandoned. Your H-1 would still be processed, but w/o COS. You will have to go for H-1 stamping in this case.
Hi,
I am on L1-B with company X and I have H1-B petition in processing from company Y. Company X is trying to move me to another location within USA which I want to avoid since company Y is in the same city I am in presently. So I am indicating my manager in company X not to move me to another location. He is already suspecting that I will put my papers. Is there any way that company X can find that out whether I have H1-B petition in processing? or can they also come to know after it has been approved?
Thanks a lot.
Regards,
Raj
No, they cannot find out about Y’s petition unless someone (you or your colleague/friend) tells them about it. They wouldn’t know about the approval. However, if your H-1 is approved w/ COS (i.e. your status is H-1 from approval date) and X files for extension they would know about the H-1.
Thank you Saurabh. Is it advisable to get the H1-B visa stamping from Canada instead of going to get it from India?
Thanks a lot.
Regards,
Raj
For first time stamping, one should preferably go to India (especially if the person hasn’t done Masters in US).
Thanks Saurabh. I have one more tricky situation. Suppose my last day with company X is 10th oct and H1 start date is 15th oct. How will I remain in the US without status? What are the options with me?
Thanks a lot.
Regards,
Raj
One week is still fine. People often do that while on H-1 (moving out of old employer and starting w/ new one). If questioned in future, you can let them know that you took a vacation before starting of H-1 etc. One week is still manageable. However, a lot depends upon the discretion of the officer reviewing your petition.
Thank you Saurabh. Very basic question. How does L1 gets canceled? Does the employer do something to cancel L1? How about the visa on the passport? Do we have to do something from our side? I have I-94 valid until April’ 2012, can I not legally stay for sometime without status(neither L1 nor H1)? does USCIS track all of it?
Thanks a lot.
Regards,
Raj
For I-129 and 797, employer will send out the request to USCIS. For the physical visa stamp it would either expire on it’s own or VO would cancel it w/o prejudice when you go for H-1 stamping in future. In some cases, L-1 employer asks you to submit the passport to consulate for them to cancel it.
One shouldn’t stay out of status. USCIS may question it in future, and that would put you in a bad spot. As one cannot say for sure if USCIS would question it or not, it’s better to err on the side of caution.
Thank you so much Saurabh. You are enlightening many helpless folks.
I am currently on H4 visa, but I had worked earlier in the US between Feb 2006 and May 2008 on H1B visa and my latest H1B petition had approval till June 2011. Now I am on a H4 visa along with my husband who is on H1B. An employer is looking at hiring me, I would like to know if I can begin working once the new employer submits my H1B petition, as I will be considered cap exempt. Or should I wait for the H1b to be processed and then begin working?
As your current status is H-4, you will have to wait for COS approval (which comes along w/ H-1 petition approval) before starting to work on H-1. A person is allowed to work on receipt only if the current status is H-1.
Thanks so much Saurabh. This gives clarity to me. I would now insist on premium processing then to accelerate things.
Hi Saurabh
I see you are doing a wonderful job in anwering all the questions. I do also have a urgent query.
I am on L1 A for Employer A ( Recently got my extension approved till Aug 2013). But unfortunately, my offshore mgmt is asking to come back 9/30. In the mean time , I could found an Employer B who is ready to sponsor by H1 B on PP.
Before I ask them to proceed, i need to get clarified on the following items.
a. Since i want move over from L1 A to H1B, i think the Empoyer B Files my H1 B with COS. If my H1B gets approved with COS, this take around 3-4 weeks, in the mean time if i get chance to work again on L1 A, is that possible even after the approval of H1B with COS. ?
b. How does the employer files the H1B with out the COS, if we apply with COS , do we need to go out of country and get stamped H1B and start working ? or is there any option that employer B can file H1B without the COS and once approved, later he can apply for COS based on our request ?
2. I believe I should not resign the current company only after my H1B gets approved with COS
Please help me . looking forward for your response.
Thanks
Manoj
a. Once your H-1 gets approved w/ COS, you will be on H-1 status (from the approval date mentioned in the notice) and have to work for H-1 employer. You cannot work for L-1 employer unless you travel out and return on stamped L-1 visa or file COS from H-1 to L-1.
b. When filing the petition, employer has to specific whether it’s COS or consular processing (w/o COS). In latter, your status would remain L-1 and you would have to travel out of US, get H-1 stamped and return on that visa stamp to work on H-1.
2. Correct. However, if you need to serve notice period w/ L-1 employer and H-1 petition gets approved w/ start date as tomorrow (as an example), you may not get enough time to do that. So plan accordingly.
I am currently on L1B with company A and company B has filed for my H1B which is in processing. Company B had put a tentative H1B employment start date of 15-Sep-2011 while filing (am Cap exempt). I was looking to give 2 weeks notice company A on approval. So once the H1B is approved does it automatically change my status from L1B to H1B or i retain my L1B status till I begin employment on H1B? If Company B agrees, can I give 2 week’s notice and then start with them, say 01-Oct-2011?
Appreciate your time on this.
You will be on H-1 status from the approval date mentioned in the approved 797 petition. You shouldn’t work for L-1 employer after that date.
Thanks for the information. Can you please clarify below 2 points –
– The Intented Employment Start Date in my I129 petition is 15-SEP-2011 which is already past. So do I have any breathing space after the approval date? Say I get approval on 20-Sep-2011 and I resign and leave company same day (as you said I cannot work on L1 after approval), then can I start at company B on 26-Sep-2011/03-Oct-2011 or do I need to start very next day ( 21-Sep-2011)?
– Is there any way I can give a reasonable notice peried to L1 employer ?Sorry if I sound confused but my attorney says that no matter what I do the transition will not be seamless. I am only trying to follow the law without hurting any parties involved.
1. The earliest approval start date on new H-1 is 1st Oct. So even if the petition gets approved prior to 1st Oct, then would mention the 1st Oct date on the approval notice, and you will be on H-1 from that date. In case it gets approved after 1st Oct, then you will be on H-1 from whatever date is mentioned in the approval notice.
2. Unfortunately, there is no option available that doesn’t involve risk or offends involved parties. Also, your L-1 employer may terminate your L-1 status as soon as you resign and ask you to return back home. To avoid that, your H-1 needs to be active so that you can immediately join H-1 employer and not go home. But that means H-1 approved w/ COS and that in turn means no notice period available for L-1 employer.
Thank you for taking out the time Saurabh. I have no further questions. Just wanted to point out one clarification to your first answer that I am cap exempt so my H1 became effective immediate from approval.
I will give 7 days notice and make transition.
God Bless!
Hi Saurabh,
I need a big help. I am on a L1B with the visa getting expired October 2011. But I have my I-94 validity till Jan 2014. I have a planned vacation outside US. The problem is: my company says they cannot submit an L1B extension since my I-94 is active. They want me to go for a new L1B petition. Is this advisable?
Or is it better if I get my visa converted to H1B? Kindly advice. Please treat this as a high priority request 🙁
Ram
Also, my wife is currently on L2. Her EAD is approved but L2 extension is pending (since she got her I-94 validity till my visa expiry date – Oct 2011).
Now if I convert to H1, apart from converting to H4
1. What will happen to her existing EAD and L2 Extension? – I guess these will become void. But I need some more inputs to tackle this situation.
In case you move to H-1, she needs to move to H-4 simultaneously. Her L-2 and EAD will be of no use once you move to H-1 (w/ COS i.e.).
When is your I-129S expiring? In order to return back to US, you need a visa stamp and to get visa stamp you need an unexpired I-129S. I think that’s what your company meant by new L-1B petition. They are correct in stating that visa stamp is not required as you are already in US and your I-94 hasn’t expired yet.
H-1 is another option, but again an employer needs to file H-1 petition for you and you need to go for H-1 stamping while returning from your visit.
Thank you for the quick reply. I checked my I-129S and it also expires on Oct 2011.
So your company needs to file a new I-129S petition, so that you can continue to work beyond Oct 2011. In case your I-94 was expiring soon, they would have filed for it’s extension as well, but that doesn’t seem to be the case.
Remember, you would need an unexpired approved I-129S before going for visa stamping and returning to US.
Does this mean that I am left with only one option then: to file for a new L1B petition so that I can get a fresh I-129S with new validity.
Yes, the employer needs to file for L-1 extension. H-1 is another option, but you will have leave country if your L-1 extension is not filed, current L-1 expires and H-1 hasn’t kicked-in yet.
Hi Saurabh,
Appreciate your efforts and thanks a ton for all the information.
I have a question. I am on L1B with Company A and I have to return back to India by 30 Sep. I am willing to stay here for some more time and the only option I see is to find an employer who can file H1B. Do I have enough time in my hand to apply for H1B and get it approved and start working immediately ..lets say by Oct 1’11. Can I stay in US legally after resignation to my comp if my H1 gets delayed. Lots of questions..very less time in hand. really appreciate your help.
Thanks a ton in advance.
I don’t think you have enough time. You have to first find an employer, then send all documents to them, who would then file the LCA and finally the petition for you. Once USCIS approves the petition, you will be on H-1 status (assuming COS is approved). I see little chance of this happening by 1st Oct (even if H-1 is filed w/ COS). You cannot stay legally in US once your L-1 employment ends, but H-1 COS has not been approved yet.
Thanks a lot Saurabh.
I have got an employer who is willing to sponsor H-1 even after I being told that my employment ends this month. They are saying you can stay in US for 15-30 days in out of status order. Is it legal..if not why will any company takes risk? If I go with them will I be facing any problems in future? Thanks a lot.
When you apply for H-1 w/ COS, you will be asked for at least these 2 things:
– current I-94
– most recent payslips
If your I-94 has expired or you don’t have recent payslips (which you will not have if you have stopped working for L-1 employer), then your COS will not go through. Your H-1 may still get approved but w/o COS. In case USCIS goes lenient on your most recent payslip, then H-1 may still go through w/ COS. Rest is your call.
Hi,
I am currently holding a L1 visa with company A which expires in December’2011.
I applied for a H1 visa with another contracting company B which got approved and is valid for work starting October’2011.
Now, company B is not able to find a suitable position for me within their contracting clients.
What are the options I have.
1) Can I convert my H1 to some other employer and start looking for jobs outside the contracting client before October
2) Can I continue working on L1 with my current employer till the time I find a new job.
1. Yes. However, if the other employer files petition after Oct, then you need to submit payslips from B. You will be considered to be on H-1 status from Oct, and need to start getting paid irrespective of whether you are a billable resource or not.
2. Only if your H-1 was approved w/o COS. If the H-1 approval came w/ an I-94 attached to the bottom of it, then you are on H-1 from the date mentioned in the notice. You cannot work for L-1 employer unless you travel out of US and return on an unexpired L-1 visa stamp.
Hi Saurabh,
Please let me know answer for my Query. I have applied L1B Extension from company A and got RFE. Meanwhile Company B wants to apply H1b for me which they are applying as Premium Processing. My questions are
1) Whether H1B can be applied while L1B Extension is in Process as my I-94 is Expired.
2) If H1b approval comes before L1b result(denial) Can i continue to stay in US on H1b
Thanks in Advance
Regards
Srini
1. It can be applied, but chances are COS will not be approved as your I-94 has expired.
2. In case H-1 gets approved w/ COS, you will be on H-1 status from the approval date. You need to start working for H-1 employer from that date. In future, if your L-1 extension gets approved, your status will change back to L-1 and you will have to work for L-1 employer. If you would like to continue to work on H-1, then you need to request L-1 employer to withdraw extension once H-1 gets approved w/ COS. If H-1 gets approved w/o COS, then you should continue to wait for L-1 approval (based on pending L-1 extension).
Saurabh,
Thanks for the reply, As you mentioned chances of COS will not be approved as your I-94 has expired.
I am planning for applying H1b without COS and wait till L1 result(approval/denial) comes. These are options i have then
1) If L1 Extension gets approved , Later can apply for COS and want to know what will be the COS fees.
2) If H1b is approved without COS, then if L1b gets denied. I may leave to india and get it stamped and come back. but if l1b denied I cannot stay in US right even though i have H1b approved without COS
Regards
Srini
1. I think it’s around 300 USD (am not sure though)
2. That is correct. You will have to leave US in case L-1 gets denied. You can go for H-1 stamping while in India and return to work on H-1.
Hi,
My case is opposite one. I am currently in US on H1B and want to get it converted to L1B becoz my wife was working in India but she is on H4 here. My question is :
1) Is this possible to convert from H1b to L1b.
2) Seeing current scenario where L1B rejection rate is high in India will it affect my application also.
3) My H1b is going to expire in May 2012 and my company will apply for extension. Is it possible that my visa is converted to L1b rather than extension.
1. If the job is L-1 eligible (i.e. requires use of employer specific tools, applications etc for a client) and if you have work for the L-1 employer for at least 1 year outside US in past 3 years, then H-1 to L-1 COS is very much possible.
2. Most of rejection are around eligibility of L-1 job. For a long time companies filed L-1 visa for applicants who were working on traditional technologies like Java, J2EE etc. This was misuse of the visa, and USCIS is tightening the screws around the process. So be sure your job indeed makes use of technologies, applications know to your employer only.
3. In case you are eligible, they can file for COS instead of extension.
Thank you so much for the advices… I have questions which i need your urgent help on it please: [ Please respond me at your earliest convenience since i am so stressed ]:
I am currently working with Emploer A on L1 Blanket that it is still valid till April 2013 and i received an offer from Employer B who filed for my premium H1 and it get approved. I received recently the I-797 stating that the status will be H1 (also my wife will be on H4) that is valid starting October 01st, 2011 ( so i believe this is a Change of Status, right? Although neither me or my wife have not received any I-94 form and we still keep the old one which we entered with on the L1/L2)
Today, my current Employer A informed me that he is intending to file for my Green Card on Jan 2012.
-1- Can i legally stay with my current Employer A and not join B anymore?? (Especially that i came to know that the project for Employer B is out of my scope and knowledge).
-2- If staying with A on L1 won’t be legal and i still want to do it, what this can implicit?
-3- If it was legal to stay with A on L1, will they ever discover that i have an H1 from another employer??and What can it happen when they start filing my green card?
I would really appreciate your clear and detailed answered as soon as you can please.
Thanks a lot
If you want to know whether COS was filed/approved or not, check if the 797 came w/ an I-94 attached at the bottom. It would have the same number as current I-94. If there is no such attachment, then your H-1/H-4 was not approved w/ COS.
1. You can leave employer A, and they can still process GC for you (although in reality hardly any company does that as GC requires financial investment)
2. It is legal, but depends upon A whether they want to do it or not especially if you plan to leave them
3. They would not know unless your status changes to H-1 (in which case you need to stop working for A and work for B) or someone explicitly informs A about your H-1.
Thanks a lot for your quick answer…
I checked the I 797 and at the bottom of the page there is only a barcode and the name of the USCIS agent and phone number. The original I-94 are still with us and there is no indication of the number on 797 form.Does that confirm that the COS was not done? How can i make 100% sure of that, do i have to call the USCIS?
In case COS was not done, can i go back to my home country and enter again with my L1 even if i have the H1 approval notice as far as i am working for A?
in case COS was done, can i legally continue on working with A ? if not, what does that implicit? and how does it impact filing the GC when A starts to do it?
Thanks
By the way, that is exactly what is written on the I-797:
“The above application for change of non immigration status is approved. The new status is listed above (Class: H1)….
…The lower portion of this notice should be attached to the previous form I-94. departure record. The I-94 should be turned in when leaving the US.”
Your 2 responses seem to be contradicting. You mentioned there is no I-94 attached to the bottom of the approval notice, but it does have the text “The lower portion of this notice should be attached to the …” which is typically the text when new I-94 is attached to the approval notice. Do you know if your approval notice is 797A or 797B? Also, did employer send you the entire notice (should be as big as an A-4 size sheet) or did he kept a portion for himself? You can also ask your H-1 employer if they did do COS along w/ petition filing.
In case COS was approved, you will have to work on H-1 from the date mentioned in the approval notice. You can still return on L-1 provided your L-1 employment is still valid and your L1 visa has not expired (or you can go for H-1 stamping and return on H-1 visa to work for H-1 employer). In case COS was not approved, you should continue to work for L-1 employer. You can then return on L-1 or H-1 (needs stamping) and work for the appropriate employer.
Hi Saurabh,
First wonderful job done by you guys by clarifing doubts.
Here is my case and a few questions –
I am in L1B for Company “A” [Visa valid till 2013]. Company “B” is filing LCA next week and
eventually H1B with COS seeking joining date of 15th Oct 2011.
1. Can Some other Company “C” also file H1B at around the same time?
2. Can some other Company “D” file H1B right away after if H1B filed by Company B is rejected?
3. Can Both company “B” and “C” get the appraoval and I have a choice to join any one of them?
Regards,
Samir
1. Yes
2. Yes
3. Yes