I have seen many of my friends, who come to US on L1 visa from a major Indian IT consulting company like Infosys, Wipro, Cognizant, TCS, etc and convert to H1B visa after one year or even less. I will try to explain some of the advantages of this process.
Job Market myth in US :
One of the biggest myths when you are applying for H1B visa petition is, you do not know how the job market is in US and How everything works down here in US. People are kind of skeptical about the situation here. I completely agree with perception of situation. Many of the big IT vendors like CTS, TCS or Infy, etc have implementations in US and they bring in their employees to work on site in US. IT people work very hard in India to get an onsite chance including countless sleepless nights and late night conference calls. The bad part is, L1 visa working employees realize after coming to US, that they are not well compensated when compared to their counterparts working on H1B visa in US. Guess what, once they get grounded well around here in US, they plan on L1 to H1B conversion. The process of L1 to H1B transfer is not very complicated.
Advantages of L1 to H1B transfer & implications :
There are many advantages of L1 to H1B visa transfer like below
- Job Market in US Study : The biggest advantage is, if you are already in US, you have a fairly good understanding of how the job market is performing in US. You can talk to people, talk to vendors, talk to friends, talk to recruiters, etc and figure out the job situation for your particular area. You may also check the article for job market study :US recession impact on H1B visa filing for 2011 quota? How is Job Market in US in 2010 – 2011 ?
- Playing Safe : You are playing it very safe, there is no risk involved. Worst case scenario, you can still stay in US on L1 visa if you realize the Job market is not improving.
- Seek Full time Employment with Clients : Your opportunities are not limited to just IT consulting companies. You can start looking full time opportunities with a Client company. Might not be the client company you serve on L1, other similar Clients or American companies who need people with your skills. Your opportunities are in fact, endless.
- L1 to H1B change of Status : Change of status is very simple from L1 to H1B visa. The transfer process is seamless. You can transfer your status from L1 to H1B visa and start working as soon as your H1B starts in October. You do not need to go to visa stamping, unless you plan to leave the country for some reason and re-enter US.
- Choosing Good IT consulting company : You can talk to real companies and verify their authenticity. It is easy to find companies information in US, than in India. Your network is much broader. You have good chance of connecting with people in a company and you can make a wise choice for choosing a consulting company if you have to. For more info, check article : How to Choose your H1B sponsor employer
- Job search, first consulting project time save : You are not wasting any time for job search. The idea is, you keep working on L1 visa and then look for a Job and then take up an opportunity only when you find a good project, at least the first project. You have an option to choose the project. No time is wasted for break through. Typically, first consulting job is the harder part. Good things is, you do not have to waste time for the first job.
- Help for projects : The other added advantage is, let’s say you start a project and you need some technical help or need to discuss some things about anything, you have a chosen set of old company friends who can help you to solve the issues.
I can keep on writing… the above listed seem very logical and definitely gives you an advantages. Your strategy for applying for H1B visa should be a safe bet with the current economy and recession. If you come to US on L1 visa and then transfer from L1 to H1B, you are playing a safer bet. On the other hand, you may have lot of work load and other commitments on L1 visa because you may be the only person on site, but “there is no free lunch, you may have to work double shift to hedge the risk…”
Do you know any other advantages ? Add a comment…
Hi Saurabh,
I was working with a company on L2 visa, they filed my H1B and got approved on 17th Oct. Currently I am on leave to take care of my son. Can you please let me know how long I can be on Leave without a payroll?
Can you please advise?
Thanks so much in advance
Was your H-1 approved w/ COS? If yes, then your status is H-1 and I assume you took leave of absence from H-1 employer. As long as the reason for leave is legitimate, you can be on leave. However, USCIS may take it otherwise and think that you were on bench and that is why you took the leave. However, the longer you stay on leave, the more suspicious it can become (for USCIS).
Dear Kumar,
Thank your time. I received my MS from US, then got my OPT. I used my OPT too. Due to some reasons I came back to India. I want to do a second master degree in US. I know that we dont get OPT again for same level of degree.
What I was thinking is, if I join some university for second master’s, then get a CPT training in the last semester then find an employer or company with FT job to sponsor H1B, Once we get an employer to sponsor H1B then we can graduate. I know this is a long shot.
My question is how long can we stay unemployed once we graduate if we dont find H1B sponsor? and any other suggestions after graduating with second master?
Thank you
Raja
60 days.
Hi, I’m on L1 and my wife is on L2. I have an employer sponsoring for my H1. If my H1 is in process, or if my H1 gets approved, or if my H1 Change of status date is confirmed,or before/after the COS date, when would my wife have a problem in travelling back to US on the L2 Visa. Need you help in planning her travel. Thanks in advance.
She can travel on L-2 visa as long as your L-1 employment is valid. This means she can travel while your H-1 is in process, or H-1 is approved w/o COS or prior to COS start date.
She cannot travel on L-2 once your status is H-1. This means she cannot travel on that visa after your COS start date.
Also, ensure if your H-1 is filed w/ COS, then her H-4 w/ COS is also filed simultaneously. If she leaves US while her COS to H-4 is pending, then then same would be abandoned and she would have to re-file COS to H-4.
Hi Saurabh,
I’ve another query on top of my previous queries.
Actually my H1 employer has filed application in premium processing and now we have got a RFE. USCIS have asked lot many things in that like( End client letter, client batch id, i.e some of the things which are not possible to provide until you join the end client).
Could you please let me know that in case of RFE does USCIS processes the response of RFE for a premium processing application in fast track or once a RFE is raised then the response is processed in regular manner.
RFE response is also processed w/ premium processing i.e. USCIS will adjudicate the petition in 15 calendar days once the response is received.
Thanks for the reply Saurabh. Now I’m in a do or die situation. My H1B employer is asking me to join the end client so that I can get client letter, client batch, email id and other documents just only on the basis of H1 receipt. They told me that it is now a common practice that people on L1 are joining h1B clients only on the basis of receipt even though they didn’t resign and are on L1 only at that time.
Please let me know is it safe and legal to do this and if not then what are the implications of it. I’m really under stress.
They are creating a lot of pressure on me to take this nasty step.
Kindly advice.
Thanks in anticipitation,
Mikky
It is not legal. Whether it is safe or not depends upon whether USCIS questions about this arrangement or not. If you are running out of options, it’s best to consult an immigration lawyer for a credible legal advice.
Thanks Saurabh once again for your guidance.
I’ve a query on what you mentioned above. At one point you’re saying that it is illegal and same time you are saying that it depends upon USCIS whether they consider it safe or not.
Could you please clear my doubt. Also have you heard of this kind of arrangement where L1 applicants are joining H1B end clients just on the basis of H1B petition receipt.
Do you think is there anyway to come out of this mystery.
You asked whether it is safe and legal. I replied that it is not legal. However, it would cause issues only if USCIS questions about this period sometime in future. If USCIS doesn’t question about this period, then you would be ok. Jumping a red light is not legal, but you will receive a ticket if a cop catches you jumping the red light. Does that make sense?
If you want to do everything legal, then stay away from that arrangement. I haven’t heard of such an arrangement.
Thanks once again Saurabh.
Your efforts are truely appreciable.
Hi,
I am currently on an L1-A Visa which is valid until April 2012, my I-94 is also valid until April 2012. My company would start the process of filing for an H1 by early next year.
1} By when can I start working on the H1 approved next year.
2} If the H1 is rejected then can I still file for an L1-A extension.
3} Do the years I have worked on L1 count towards the 6yrs limit of H1
Please advise the best course of action for me.
Regards,
Pankaj
1. If it is filed in FY-12 then you can start working from the approval date (assuming H-1 is approved w/ COS). If it is filed in FY-13, then you cannot start working until 1st Oct 2012 or actual start date (whichever is later).
2. As long as L-1 extension is filed before I-94 expiration date.
3. Yes
You need to look out for when H-1 is filed. You need to be in some visa status after Apr 2012. If your L-1 extension is not filed, and your H-1 hasn’t started yet or has been denied then you will be out of status. To avoid this, L-1 extension needs to be filed prior to L-1 expiration.
Hi Saurabh,
I am working for company (A) with L1-B visa and that is going to expire on 20th November, 2011. Meanwhile company B has applied H1 in premium processing with COS. As the L1 visa is going to expire very soon so my current employer (A) is going to apply for my H1 with COS as well.
i) What will happen if the H1 of my company(B) get approve and I join that company (B) and after few days the H1 of my Current Employer (A) get approved. In this scenario what will be my status?
ii) If my current employer goes for the normal H1 processing then it will take at least 2 months to know the approval status. What will be the status of mine in between 20th November, 2011 (L1 expiration date) to the H1 approval date?
1. Once 1st H-1 gets approved w/ COS, your status would be H-1 and you need to work for that employer on H-1. If the other H-1 gets approved later, you can join the other employer on H-1 or continue working for old employer on H-1.
2. You will be out of status if B’s H-1 doesn’t get approved w/ COS before 20th Nov. If B’s H-1 gets approved w/ COS by 20th Nov, your status would be H-1 and you should be fine.
Hi Saurabh,
Thanks for the reply. On this context I have another question which might be the case for me. Lets say only my current employer is applying the H1 for me (considering the fact that company B is not filling the H1 for any reason) in a Normal process then is there any chance for me to be out of status if the H1 will not get approved/decided by the USCIS before the L1 expiration date.
Thanks,
Niladri
Yes, previous answer (#2) is applicable in this scenario as well. If your L-1 expires and your H-1 doesn’t start w/ COS then you are out of status. The way out is to file for L-1 extension so that you are covered even after your L-1 has expired and H-1 hasn’t been approved yet.
Dear sir this is vengatesh from india, i need some information from you sir, please explain about LABOR CLASS VISA AND VALIDITY OF VISA FOR CANADA. PLEASE MAIL ME [email suppressed]
Hi Saurabh,
I am working for company A on L1-A visa. Compnay B is processing H1-B COS for me on priority processing and I have a valid L1-A VISA and I-94 card.
However, my company A is planning to send me back to my home country. However, I have a 3 months old US born baby and I have applied for PIO card and until I get the PIO card, I will not be able to travle to my home country.
Considering this:
1. Can I stay (legally) in US until I get the PIO card for my daughter?
2. In the meantime, if my H1-B process-COS apporved, can I continue to stay and work on H1-B?
3. Since, currently, I am on PTO, will there be any legal complications during this period?
Thanks
1. Talk to your L-1 employer and ask them to allow you to stay and work until PIO arrives.
2. Correct. You can also upgrade your petition to premium processing to get a quicker result.
3. If you are on a legitimate PTO it should be fine. However, you may run into issues if your PTO is not legitimate.
Thanks for the quick response Saurabh.
1. Yes!, I have asked them to allow me to stay here in US, until I get the PIO card.
2. Yes! they doing premium processing.
3. Yes! the PTO are legitimate as these are my earned leaves and using as suggested by L-1 employer.
Thanks
Thanks for the reply Saurabh.
Need your suggestion on couple more questions as below.
Employer B already filed my H1B (PP) through an attorney. Meanwhile, I have resigned my current Employer A (L1A visa) and my exit formalities are in-progress. I am still waiting for the filing receipt confirmation or email confirmation. I have valid I-94 card till 2013. So my questions are:
1) During (until H1B approved or processed) this period, what is my status? in case if I am out of status, what do I need to do during this period?
2) based on H1B filing receipt confirmation – Can I start work for Employer B (that’s what they are suggesting at this stage)?
3) If my current employer-A accepts my resignation and relives me much before than the H1B COS approval date, will there be any legal problems for me to stay in US until H1B processed?
4) Is there any grace period which USCIS consider / approve for such kind incidents and/or situations?
Thanks
1. I read somewhere that if COS has been filed and I-94 is still valid, one can continue to stay in US and that would be considered as authorized stay. However, one may not be able to work during that time. In case COS is denied, then one has to leave US ASAP or file COS to another applicable status.
2. IMO, one cannot work on H-1 until COS gets approved.
3. Read (1). Also consult a lawyer.
4. Read (1) and (3).
Hi Saurabh,
My H1-B is approved w/COS and I am going to switch the job from L1-B employer (company A) to H1-B employer (company B) on Dec 1, 2011. Due to personal reasons, I will need to go India in Dec for a month. Just to cover me, company B is suggesting that I work for first half of Dec and take a paystub with me to avoid any problems at the time of stamping and PoE. For the same reason, they have asked me to go through their leave processes. Just so to let you know company B is one of the largest companies of US.
Do you foresee any issues in getting H1-B stamped and at the PoE?
What documentations I should carry with me for visa interview?
What typical questions are being asked for H1-B visa interview?
Thanks a lot for your help.
Raj
As it’s a big employer and you will be carrying at least 1 payslip, it should be fine. Most of the issues these days are w/ people who work in consulting for small employers. You need to carry:
– I-129. 797, resume, LCA copy, payslips from L-1 employer
– employer related documents (contact info, client/project information)
etc
You may be asked about your role, job duties, employer etc
Thank you Saurabh.
Just curious to know how will payslips from L-1 employer help?
Thanks,
Raj
That would prove that you maintained legal status while you were in US. You must have submitted them as well when applying for H-1 w/ COS, right?
I see. Yes, I did submit the paystubs when they were filing H-1B w/COS.
Thanks a lot for your prompt answers and help.
Raj
One more thing which I am also curious about what makes the VOs decide to grant or deny the H1-B visa
Same things as USCIS when they approve/deny the petition. However, it is completely possible that they look at the same set of documents and reject the visa stamp even though USCIS had approved it.
Thanks Saurabh.
I am wondering about one more thing..Will I be asked questions related to project details? As I said my H1-B employer is one of the respected companies of US and is a non-consulting company.
You may be asked about your team/job etc and that involves project you will be working upon. Even when working for a non-consulting company, you will be working in a project (or team).
Saurabh,
I came to US for short term on L1 visa in september,2011. My visa got expired by september end but I got I 94 valid for 3 years. I am going to stay in US for another 3 months. Now I came to know through Indian consultancy (My friend is working for it) that they can file L1 to H1 transfer for me after clearing interviews.So how much time is it going to take for H1 transfer. And other thing is before I am coming to US, my company has asked me to sign on bond that after returning to India i have to work for another 6 months. In bond it has been mentioned that if I break the bond then they can take legal actions.So I am in total confusion whether to go for H1 transfer or not. Is it good to go for consultancy for H1 transfer? I am in total confusion because this is good opportunity for me and if I go backto India I dont know whether I will get chance again to come to Us or not.
Could you please suggest what is best for me in my situation.
Thanks in advance.Awaiting for your reply.
Regards,
Kumar.
H-1 processing may take 2-6 months if filed under normal processing, or 15 days if filed under premium processing. In case USCIS issue RFE, then the process would be further delayed.
Usually bonds are not valid in US, but that doesn’t stop your employer from suing you in India. It’s better to follow-up w/ labor attorneys (in US and India) and have them look at your contract to be sure what they can do if you decide to leave them.
Hi Saurabh,
Thanks a lot for your immense help … Here is my doubt , It my employer applied my H1b through regular process and if I want to apply it from some other company in premium process without knowing the first company. Can I don it ? or what is a best approach to do it ?
I assume you are filing from outside US. The 1st employer will not know about the 2nd petition. The 2nd employer can go ahead and file the petition. Once approved, you can go for visa stamping and then enter to work for 2nd employer. In case 1st petition gets approved, at that point, you can decide either to work for 1st employer or continue working for 2nd employer.
Thanks for response.
I need your suggestion on one more concern I have. Actually, I am already in US, and my consultant has filed my H1 in standard/ regular process, even though the agreed upon decision was to file it in premium process.
It will be really helpful for me if you could guide me that, if I ask some other consultant or company to file my H1 without letting either of them know that I have asked other consultant to do the same and that it is already submitted my current employer, respectively, then will it create any issues in getting my H1 processed; and whether is it possible to get more than one H1 petitions filed at the same time for same person.
Also, my consultant has got a 10 months contract signed from me and I am working at their client site as I have L2-EAD. Just need to know, do I really need to wait till the contract ends, as few of my friends suggested that in US contracts really does not work.
So you are on L-2 right now, and the employer (either current or any other) will have to file H-1 w/ COS. Multiple employers can file for H-1 w/ COS and one petition wouldn’t impact the processing of the other. Once one of your petition gets approved w/ COS, your status would become H-1 from the approval date.
Yes, contracts are not valid in US, but some points within the contract can be enforced. Your employer cannot force you to work for them for 10 months, but if the contract mentions they can demand reasonable business losses (the onus will be on the employer to show the losses).
Hi Saurabh/Kumar,
I need clarification, bit tensed about the below issue.
I came to US on H4 in Dec ’09, went to India on Jun ’10 as i had medical emergency, while leaving US, i never knew that i have return my I94 nor anyone collected that from me. I came back to US on Jan ’11, ie almost after 8 months, at the POE , the officer asked me that why i dint return my I94, i told me that i dint know that i have to give, no one collected from me and i was in medical emergency so left the country. Then i took the old ones and gave me the new I94 and asked me not to repeat the same next time as its my responsibility to submit it.
Now a consultancy has filed my H1b in Sep, Will i have any problem because of I94 non submission issue. Will USCIS have record on this and question me the same or issue an RFE or deny my H1b?
Please give me some Suggestions/Inputs…
They might question it, but I don’t think it would result in rejection. You have immigration stamps in your passport to show that you did leave the country in Jun 2010. So even if USCIS raises that question, you can answer them by submitting copy of those immigration stamps.
Hi Saurabh,
Thanks in Advance. I would like to change L1B to H1B. I have below mentioned questions:
1. My L1B Visa is valid till July 2012 and i94 is valid till Mar 2014.
If i apply for H1 & H1 petition got approved, if I dont want to join H1 company, can
I continue work on L1B.
2. Also can I use H1 petition in case extension for L1B reject in July 2012. I want to
apply H1 for the safer side to stay in usa in case L1B Extension reject. Also if I get
good opportunity I will switch to H1.
3. If I dont apply H1B this year is it good to apply next year by considering my VISA is
expiring in july 2012. whats the best time to apply for H1B. This year or next year.
Till now I have completed 2.4 yrs on L1B.
4. Is their any other benifit for me to have i94 valid till 2014.
1. In this case your H-1 needs to be approved w/o COS.
2. Yes, but if you want to continually stay in US then H-1 needs to be approved w/ COS so that you can be on H-1 in case L-1 extension gets denied.
3. When is your I-129 expiring? Your L-1 needs to be extended prior to it’s expiration. Your H-1 needs to be filed prior to I-94 expiration. You should file when you find a good employer and quota has not reached yet.
4. More time to file for H-1 w/ COS.
Hi Saurabh,
I know you miht hansered the below questions. I would appreciate to answer these questions:
a) Many people are saying it is not possible to transfer L1 to H1. is that true.
b). if a) is true then this before what month i am eligible for H1.
c) even though employer has notice periods in india does it hold good in us for sooner release as we work in us and most of us come to usa are on deputation for L1 Visa.
d) if there is open quota after october are we eligible for new H1 application.
Thanks again ahead of time for your help.
1. Not true. An employer can file H-1 petition for a person who is currently in US on L-1. If filed and approved w/ COS, the status would be H-1 from the approval date.
2. H-1 can be filed as long as quota is open for that fiscal year.
3. You will have to check w/ your L-1 employer. Some employers try to enforce the same on their employees.
4. Yes (like right now). There are 10K+ petitions still left to be accepted for this fiscal year.
For Point 1 & 2: whats the best scnerio you will suggest here H1 w/o COS OR H1 w/ COS in terms of advance care.
For Point 3 : I have I-129 valid till 1 july 2012.
Also if L1 Extension got reject(July 2012) and as my i94 is valid(Feb 2014). Can I stay in usa (legally)without job and meantime I apply for H1B. if H1B got appprvoe can I start job in usa from 1st Oct. Will the blank period of 3 monts cause any issue. (From July 2012 – Oct 2012).
1/2. Depends how long your H-1 employer is willing to wait. When filed w/o COS, you will either have to file COS in future or get H-1 stamped from outside US. If approved w/ distant date, you will have to ensure you work for L-1 employer till that date and for H-1 employer beyond that. How long do you want to work for L-1 employer?
3. You can stay, but you will not be able to maintain legal status as you will not be working.
Thanks a lot Saurabh. I really appreciate your responses.
I want to find the best way so that I can start working for H1 from Feb/Mar 2012 which include 2 months notice period (for L1b Company) as well. So is their any way when I come to know that H1 petition has been approved and after that I can give 2 months of notice period. This way I think atleast i can play at safer side. Also now a days L1b rejections are too much so acc. to me H1B is an option to continue stay in usa in terms of good career. Please advice.
Yes, that can be done. Ask your employer to file H-1 now w/ start date or Feb/Mar and file it w/ premium processing. Assuming everything goes fine, your H-1 would get processed and approved by Nov end, giving you enough time to serve notice period and start working on H-1 from Feb/Mar.
But again, if your L-1 employer asks you to return to home country and your COS date is still out in future, you will have to leave US. Talk to attorney if such a situation arises.
YAY !!! Thanks a lot Saurabh. I really appreciate your advice and to answer all of our questions 🙂
Hi,
I have couple of questions, i would really appreciate your responses:
1. Currently I am on L1B with Company A and company B is ready to file H1 now. I have 3 months notice period with company A. Company B is ready to wait for 3-4 months so i can complete notice period.
1- Can company B file H1 with COS with effective date 3-4 months later? As i know that once COS is effective I can not work on L1 anymore.
2- If COS is not suggested in my case, what is best way to file H1 so i can get 3-4 months from now(Oct26)?
Thanks for your time.
You can, but you also need to factor in H-1 processing time. If you give COS date of Feb, and your H-1 gets approved in Jan, then basically that leaves you w/ 1 month of notice period. Also remember if your L-1 employer asks you to return to home country if your COS approval date has not yet reached, then you will have to leave US as your status would still be L-1.
Thank you Saurabh, as expected you are prompt and super fast. really appreciate it.
I am going to request new employer to get h1 w/ COS in 4-6 weeks(processing time) with effective date in Feb, so that i can put notice period(3months or whatever time i get after getting approved H1 and between COS start date) once i see that H1 w/COS is approved. Does it make sense to you?
Once again thanks a lot!!
It does. Few things to keep in mind:
1. If possible, file the petition w/ premium processing. This would process the petition faster and give you more time to serve the notice period.
2. If your L-1 employer asks you to return to home country, then you will have to oblige to the same as your COS wouldn’t have kicked in by then.
I am on L1B visa with company X, I am with 8 years expeirence and my skillset is also good. But can someone help me in finding an employer who can file H1 for me. Thanks.
I need your suggestion on what needs to be done, my current status is
Working with Company A – L1B visa Expired in OCT, i-94 Extension has been filed for which I got an RFE.
Now Company B is ready to file H1B.
I need your suggestion what would be best for me, Company A would revoke my application when they come to know that I am quitting and joining other employer.
Since you have the knowledge of COS being approved or not, I need your suggestion on what is best for me on H1B visa, should I apply with COS / without COS & wait for L1B result or anything
Hi ,
I am in a situation of L1 to H1 change of status. I was working for a company A on L1B visa and appeared for interview with company B in Aug-2011. After the selection, company B applied for my H1B visa under premium processing, but I was not informed whether it’s “with change of status” or “without change of status”. Also I wasn’t aware of the legal aspects of this entire process.
On 28-Sep-2011, I received an e-mail notification that my H1B application is approved and it’s valid from 1-Oct-2011. After this, I discussed with company B regarding my notice period of 3 months with company A and they agreed to allow me work for company A for entire 3 months.
However when I received the copy of I-797A for H1B on 20-Oct-2011 from my new employer i.e. company B, I observed that it’s mentioned as “Change of Status” and it’s valid since 1-Oct-2011. They also provided me the original Petition copy but I couldn’t figure out where exactly it’s mentioned as request for “change of status” in the Petition.
I will follow up with my H1 employer but now as I am still working for L-1 employer, I have following questions. Would appreciate to get a response at the earliest.
1. Can I work with L1 employer anymore? Is it possible to request any grace period to join H1 employer?
2. What if I join H1 employer from 1-Nov-2011 i.e. after 1 month of “change of status”. Will there be any issues when I file my GC or H1 extension?
3. What if I move out of US and want to get the H1 Visa stamped in India, will my H1 employer need to do the H1 visa application process all over again? How will that process be and will there be separate fees for that?
4. If by any chance my H1 Visa gets rejected during stamping in India, will I still hold the existing L1 visa and return to US and work for company A?
5. Also when I move out of US or go for H1 Visa stamping in India, will I be questioned about my status since 1-Oct-2011 at any of these stages?
6. Now even if I get H1 stamped in India and return back to US and join the H1 employer, will the “out of status” duration of 1 month be still an issue when I file my GC or H1 extension in future?
7. Lastly, where exactly will it be mentioned as request for “change of status” in the Petition?
1. If the 797 came along w/ I-94 attached to bottom of it, then you are on H-1 status from the date mentioned in the notice. You should stop working for L-1 employer.
2. There “might” be issues in future, especially if USCIS questions about this period. If they don’t, then you should be fine.
3. If you go for stamping, then you need to take visa appointment and go for stamping carrying all the required documents. Your employer doesn’t need to do anything in this, except provide all the documents.
4. You can unless the VO determines that you didn’t maintain legal status in US and cancels your L-1 visa. If your L-1 visa remains valid, then you can enter and work for L-1 employer.
5. Yes, you can be asked to provide payslips from H-1 employer for the month of October.
6. Once you re-enter US on stamped H-1 visa, it should be fine. Lot of people use this method to correct their statuses.
7. It’s not mentioned in the approval notice. If I-94 arrives then it’s w/ COS; else w/o COS.
Hi Saurabh,
Thanks a lot for the response. Wanted to know one more thing.. Will there be any additional fees that I will have to pay for getting the H1B Visa Stamped in India?
Yes, there is additional fees required. You can get the exact amonts on VFS site.
Hi Saurabh,
Thanks once again for your dedication to answer our queries.
Question – My Visa & i-94 expired in the month of September, i-94 Extension was filed, currently in RFE status have to respond back by December end.
If I apply H1B through other company, what are my chances of getting H1B approved with COS.
I have read your previous posts, in most of the post you have mentioned that if i-94 has expired then it is not possible, is there some XX % of chance where it gets approved / do we have to provide additional documentation to get COS Approved.
Last Question, if COS is not approved then what do you suggest, what is the nearest location for getting the visa Stamped or Do I have to go back to India and do it.
Thanks,
Siva
Wanted to Add a clarification, currently I am on L1B Visa and I have applied for i-94 Extension, for which I got an RFE
For COS to get approved, one needs to have an unexpired I-94. So your COS to H-1 may not get approved. Once your L-1 gets extended, you can then apply for COS to H-1. If your COS doesn’t get approved, then it’s better to go to home country for 1st stamping especially because you haven’t done your Masters in US.
Once I get H1B, my L1B Extension would be revoked. Here you mean to say, since COS will not be approved, I need to leave the country and come back with H1B Visa Stamped ….
There are 2 cases here
1) H1B is approved with COS and L1 B is Withdrawn, What happens in this case, you had mentioned that my stay after i-94 and H1B application becomes Illegal… But will I be able to continue to stay and work here….
2) H1B is approved with COS not approved & L1B is Withdrawn/Rejected – In this case I have to go back to my Home country and get the Visa Stamped. – Is it true?
I have a question, what are the chances that my H1B will be approved with COS when i-94 is expired, or 100% COS for H1B will not get approved for sure.
Thanks a Ton for a reply,
1. If your H-1 gets approved w/ COS then it’s all fine and you can work on H-1 from the date mentioned in 797. Your 797 extension needs to be withdrawn in this case. If your L-1 gets extended after your H-1 COS approval, then your eventual status would become L-1 (last action rule).
2. That is correct.
I am not sure if 100% guarantee that COS will be denied or not. You can check w/ H-1 employer’s attorney about the same. COS costs around $300-$400.
Hi Sourabh,
I have a Couple of questions on L1/L2/Ead-H1.
OK here is the situation.
I am currently on L1B and my wife is on L2 EAD. My company is now appling for COS to H1B, and my wife has also found an employer to file her H1.
Since my Wife is on EAD I wanted to make sure she got her H1B before me, so I asked my company to apply for H1b with start date of 12/01/2011.
But now she has finally found an employer and will be filing her H1 soon, and may get approved before 12/1/2011 (They have not filed yet but we are planning for premium processing).
Now my question is, Since my company is applying for COS for me as well as my wife, if my petition gets approved, and on 12/1, will She also go back to status H4?
I know that it is last approval date that matters, so looks like her status may change to H4, since Her H1 will be approved and start date may be earlier than december.
So if we specify even her start date as Dec 1st, which visa will take priority, since both of them is approved on the same date?
The other thing is if she specifies her start date as Dec 2nd, She will be on H4 status on 1st december, Will this make her h1B COS invalid because it was applied from L2 to H1B??
I know it is a long question, but its kind of a complicated situation I am in. Please let me know your thoughts.
You can do couple of things here:
1. File her H-1 w/ start date of 15 Dec or later, so that she will eventually be on H-1 (she will be on H-4 b/w 1st Dec and 15th Dec if your H-1 petition gets approved w/ COS).
2. Once her H-1 gets approved, withdraw her COS petition. This way she would remain on H-1.
However, things you need to look out for:
1. Possible RFEs related to your or her petition which can delay the processing and disrupt the above plans
2. Cutting too close to start dates, when things may get confusing (like both approving on same date).
Can your company wait to apply for her H-1 until she gets a result on her H-1? If yes, then that would be the best solution as you can then decide whether to include her or not as your dependent.
Hi Sourabh, Thanks for the response.
If I did specify her start date as 15th Dec, She wont be able to work from 1st to 15th December right? That is going to be a problem because she is supposed to be joining on Tuesday. And Once she Joins she plans to get a Client letter from the client and then apply.
Now this is out plan, Please let me know if there is any issues with this one.
My wife is going to Join her company tmrw on EAD. She is going to Join Company A, through Vendor B, but is going to get H1 through Vendor C. Vendor C is going to do the paper work with vendor B, for her H1B.
We are then going to apply her H1B on premium processing
I am having my company to not process her H4 for now. But my H1 is going to have start date as 1st dec.
So hoping that her H1 gets approved before 1st december (since it is premium processing.), if it at all gets rejected or RFE, then we will apply for her COS to H4, before december 1. if need be we may travel out of the country and come back on H4 once approved.
Yes, that would work, as long as she leaves US in case her H-1 gets denied and her H-4 doesn’t get approved w/ your H-1.
Hi Saurabh,
Thanks once again for your dedication to answer our queries. This time I’m into a different situation which is like this:
My new employer B has filed for my L1 to Hi COS in premium processing. Now my end client is D and we have a mid vendor C between B and D. As per client letter given for H1 filling, my start date has been mentioned as 25th Oct.
I’ve got the receipt of my application but approval is awaiting. Now my vendor B is asking me to take leave from my L1 employer A for a week and start working for end client D from 25thOct and then came back giving excuse for a week or two to continue working for current employer so that end client got some satisfaction that he has joined and in the meantime H1 approval will come. Actually I’m not ready to resign A until my H1 approved so as per vendor B it will be a win-win situation for all.
Now is it legal to work like this and also will it affect my future prospects while stamping in India.
Please reply as soon as possible.
Thanks in anticipation,
Mikky
What B is proposing is not legal. You cannot work for B until your H-1 gets approved w/ COS. Until then your status is L-1 and you need to continue to work for A. If B really wants you to join early, the petition can be upgraded to premium processing. But do not join B until H-1 is approved w/ COS.
Thanks Saurabh. What B is saying is that they wont show this anywhere which i don’t think is possible. It is just for the sake of C that you just visit them for a week for their satisfaction.
Could you please suggest me any approach that can work for all of us.
Legally this set-up is incorrect. The only legal option I can think of is your petition getting upgraded to PP, so that you can join B early. However, this may also take 2-3 weeks or more (depending upon if any RFE is issued or not).
However, if it is becomes really important to do this thing to build confidence in C, then you can see what options you have and do the best as per your discretion.
Thanks Saurabh. Actually B has already submitted my petition in PP and we’ve received the receipt number as well but I’m not ready to resign from A until approval comes.
What B suggested can make C happy but don’t you think It can create problems for me in future since I’ll be working for them illegally.
Also can C create any problems in my petition approval if in case they reverted back their offer.
Yes, it can definitely create problem in future. There is no easy solution to keep everyone happy and that too within the limits of law. You can consult a lawyer to see if there is any other option.
Thanks Saurabh. Could you please let me know how long any person can work on his previous status after the COS happens.
Once COS is approved, you are supposed to work on the new status from the approval date mentioned in the notice.
However, if you continue to work on old status, then that’s a risk you will be taking. The longer you continue to work on old status, the greater is the risk. I would assume that a week on old status is still ok. If USCIS questions about this period, then you will have to explain them why you did that and it would be up to USCIS whether to buy it or not.
I am with a company A who changed my visa to H1B from L1B as my L1 was getting expired. My H1B got activated on Oct 1st 2011. Should I expect a change in my salary as I believe the company should pay me the minimum wage as mentioned on the labor certificate while they filed my H1 , isn’t it ?
That is correct. Once you are on H-1, you should at least be paid the salary mentioned in the LCA. If you get paid anything lower than this, then it could cause problems in future (both for you and your employer).
Hi,
I have an L1-A with company A (consulting co) and they have started applying GC just now and there is one company B who is keen on hiring me. If they sponsor H1 and can i go ahead w/ COS and stay here in US rather than leaving.
Secondly will my current L1-A employer know. How long out of status will be ?
Will it affect my GC processing.
B can file H-1 for you w/ COS. Once approved, you can start working for B from the date mentioned in COS approval notice. Until your H-1 gets approved w/ COS you need to continue to work for A on L-1. A wouldn’t know about B’s petition unless you or someone else tells them about it. GC process wouldn’t be impacted but once you join B on H-1, I don’t think A would have any interest in continuing your GC application.
Hi,
I worked in US couple of years back on H1B. I back to Indian in mid of 2008. My visa & H1b expired last year. I am looking for sponsors to file H1B. Anybody please refer a company who sponsors H1vB.
thanks
sri
Hi Sri,
Im in a Similar situation as you. I’m on the lookout for sponsors. I’ll surely let you if I find a genuine sponsor. Kindly let me know if you find any. You can contact me at [email suppressed]
Hi ,
My brother’s l1 expired in september and got RFE for extension. Can he stay back and file for H1 from another company before his deadline for l1 extension RFE ?
H-1 can be applied, but if his I-94 has expired then COS may not get approved. If this happens, then he would have and approved H-1, but his status would still be L-1 (which would expire if his L-1 extension gets denied). He would then have to get H-1 stamped from a US consultate in his home country and enter on that visa stamp to work on H-1.
Hi, I’m currently working on L1(Valid til July 2012) and I met a consultant who is willing to file my H1. My question if I get my H1 approved, can I still keep working with my current company till I get to find a job on H1, or will my L1 get invalid once my H1 is approved and can no more work with my Current company on L1.
Should I go back to india for H1 stamping or can I continue staying in US and stamping is required only if I leave US?
If your H-1 gets approved w/ COS (change of status), then you will be on H-1 from the date mentioned in the approval notice. That means you will have to work for H-1 employer from that date and not L-1 employer. If COS is not approved, then you can continue to work for L-1 employer. Later to move to H-1 employer, you will either have to file COS from L-1 to H-1 or go out of country, get H-1 visa stamped and enter on that visa stamp.
Hi,
I am on L1 visa which is expiring on Feb 10, 2012. I have a approved L1 extension petition till Dec 2013 and I am going for visa stamping in Nov 2011. So my question is if my visa gets rejected in Nov what happens to the old visa. Am I eligible to travel to US and work till Feb 10, 2012.
Thanks,
Krishna
If your old visa stamp is not canceled or expired, you can still use it to travel back to US and work until Dec 2013 (typically I-94 is issued until L-1 petition expiration date).
I am currently in L1 B Visa and my wife is in L2B visa. She has EAD AND WORKING HERE. Now, her company is applying her H1 visa. My doubt is how can i go and change my status to H4 now ? What is the procedure to go from L1B to H4. I will look for any employer later for H1 but right now , need to transfer the status to H4. Please guide me.
Her company can apply for your H-4 along w/ her H-1. Else, you can file for COS from L-1 to H-4 once her H-1 gets approved w/ COS.
Hi,
My L1B expires Nov 12. My Company delayed in filing my L1 Extn and didnt file till now. I have 21 working days left for I-94 expiry.
I am requesting them to process H1 now. Is this enough time to get If they do H1 with COS in premium now, and if H1 gets approved after I-94 expiry date. Do I need to leave country and get visa stamped??
As long as H-1 petition is filed prior to I-94 expiration, your COS would have chance of approval. However, note that if your L-1 extension is not filed, then you cannot work on L-1 or H-1 even if your H-1 petition is pending.
If COS gets approved, then you can start working on H-1 from the approval date mentioned in the notice. If COS doesn’t get approved then you will have to get H-1 stamped from home country and enter on that visa stamp to work on H-1.
so if L1 extension is not filed and directly filed H1 petition. Can i stay in US after expiry date till I receive my H1 approval notice. Can i work or stay without working in that period.
If L-1 extension is not applied, then you will not be able to maintain status after your I-94 and I-129S expires (even if there is a pending H-1 petition). L-1 extension also needs to be filed, which would allow you to work and stay in US while L-1 extension is pending. Once H-1 gets approved, they can withdraw the L-1 extension.
Hi, I have a query related to L1 to H1 conversion . My L1B is expiring on Nov 9th 2011 and my L1B I-94 is valid till June-06-2011. My organization filed my H1B but I didn’t get the approval yet. Can I stay and continue to work in USA?
You can stay but you cannot work if your L-1’s I-129 has expired. L-1 extension needs to be filed if you plan to continue working on L-1 until your H-1 gets approved.
Hi Saurabh, Thanks for your response. My L1 I-94 which I have mentioned was wrong. My L1 I-94 is valid till June-06-2013 and my L1’s I-129 is expiring on Nov-09-2011. My organization filed my H1B but I didn’t get the approval yet. Can I stay and continue to work in USA?
Could you please respond?
You can stay, but you cannot work as your L-1 I-129 would expire on Nov-09. To continue working on L-1, your employer should file for L-1 extension. Or you can speed up your H-1 process by upgrading it to premium processing (although that may still leave you out of status for few days b/w I-129 expiration and H-1 COS start date).
Hello,
My situation is as follows… currently I am on L1 B visa valid till Apr 2012 from company A, I am requesting the same employer A to file H1 this year for 2012 quota or the GC, he is kind of ready to do that H1 now, moreover I will be completing the 4 year stay by this year end, even if I get H1 approved I can stay on H1 for another 2 yesrs, I am asking for th employer to initiate by GC if there a possibility for me now..in this situation, I have couple of questions..
1) will it be good to file my GC now, while I was on L1 B, or will it be aproblem as L1B can get extended to max for 7 years?
2) or do you think it would be better to get H1 now for this year and have GC initiated in next year while I was on H1, which will give more number of years to stay in US, after my GC filed.
3) I am little confused as to start my H1 now and do GC later or start GC now with out H1, which one would be advantagious for me(considering the 2 years of extension I might get on H1) ? Can you please clarify this.
Thanks in Advance….
Thanks & Regards,
Basha
Your employer can apply for GC now, and later apply for H-1. I don’t think H-1 processing would impact your GC process.
However, one needs to file job requirements and responsibilities when applying for GC. If your GC is filed while you are on L-1 and later you move to H-1, then all 3 need to be consistent. If that is an issue then it’s better to file GC once you move to H-1.
Hi Saurabh,
I find this website very interesting.I have couple of questions.
My company AAA is filing Blanket L1b visa for me.Client in US wanted me to be there ASAP.I had other offer in germany .My company intially informed me that they will file h1b.Now they are filing blanket l1b.
my question
1) i dont have any idea how long that project going to be
I could not convince my management because blanket l1b takes only upto 2 weeks.
I should decide in next one month about germany or usa
2) how difficult is l1b blanket to h1b in the present market?
i have aroun 7 years of exp in telecom n wireless.
whats your advice ? thank you in advance
For H-1 you need to have an employer willing to sponsor that visa for you for a position that matches your skillset. You can go through job sites like dice, monster or websites of companies that excel in your domain to see if there are any relevant openings; and how many of them sponsor H-1.
Hello Saurabh,
I came to India few months ago for my H1b stamping but unfortunately it was rejected. If I go back to US on visitor’s visa and find a sponsor for my H1b there, is there any possibility that I can change my visa status from visitor’s to H1b? I understand it’s a long shot but if I have all the right papers and a good attorney, is this a possibility at all? Please let me know as I am in a very tough situation here.
Firstly, there is a strong chance that your visitor’s visa may not get approved. You had H-1 visa which is a dual intent visa, so the consulate may not issue B-1 which is a strong non-immigrant intent visa. Even if B-1 gets approved, and you travel to US on B-1 to change it later to H-1, then even that’s a path w/ too many hurdles.
You can try to find another employer while being in India and see if they can file a new petition for you and go for stamping through that employer.
Thank you so much for your reply Sourabh, so if getting a visitors visa is hard now, what are my chances of going back as a student? Is there a certain number of months or years after which my I can try applying for a tourist visa? What are my options to go back..? I’ve been trying hard to find a company/consultancy to sponsor my H1b but havnt found any till date.
If your eventual goal is to work in US, then you will be using B-1 and F-1 just as a way to enter US and would then file COS to H-1 once you are here in US. Technically it may work out, but it’s not straight forward and USCIS/consulate can ask questions about your intent. I know one should wait for at least 90 days when entering US on B-1/F-1 visa and then filing COS to H-1, but I don’t know how long one should wait for visa interview.
Hi, First of all, I would like to thank Saurabh for his immense help on so many issues listed out here. Here goes mine also:
After my MBA in US in 2008, I worked with an accounting firm (big 4) from March 2008 to April 2011, in which I was on H1B from October 2009 onwards (valid till July 2012). In April 2011 I moved back to India due to family reasons and I had quit the firm in US myself. I am in India now working for another accounting firm which also has presence in US.
Now, I have two questions:
On H1B:
1) Is my H1B still valid (atleast till July 2012) as my I797 says it? Or did it expire once I resigned from the firm.
2) If it is valid then can I take a transfer of H1B from India for a new firm in US, or do I have to work for the same firm I had my H1B for?
3) If it is valid then I can recap the remaining 1.5 + 3 years (extention) which I did not use, correct?
4) If I get a new firm to transfer my visa then do I need another stamping if I go back before July 2012 (I797 expiry date)?
5) If it is not valid then does new firm or my old firm reapply under H1B Cap for 2012 or am I exempt from the cap (I had got H1B under masters quota)?
L1 visa
1) How long do I need to work with my current firm (in India) before I can/ should apply for L1 through them? I know minimum is 365 days, but what is recomended?
2) I am a Manager with the current firm, but if I move back, they might demote me to Senior Analyst or something, so is it possible to go as Senior Analyst on L1?
3) How long does the process take to get L1?
4) Is it really easier to get Green Card on L1? How long does it take usually (range of yrs is fine)?
5) Can I move jobs while I am on L1 and my GC application is in process?
6) One off topic question on L1 – will my wife (on L2) be able to get scholarship in US if she studies while on L2 visa?
I am asking too many questions, but your response will be highly appreciated.
1. It may be still valid if A didn’t revoke it when you left them. However, as you have already been counted in the quota, you don’t need to go through numerical quota system again. A new employer can file cap-exempt H1 for you (in other words H-1 transfer).
2. Read (1)
3. A person on H-1 can spend maximum 6 years in US. You are eligible for remaining term on your future H-1 petitions and extensions.
4. Visa stamping is not required if the current visa stamp has not expired.
5. Read (1)
1. You should have worked for them for at least 1 year outside US before they can file L-1 for you.
2. L-1 visa is for a job that requires use of applications/tools/technology that is known only to the employer for a particular client. So if you are not going to do anything of that sort as Senior Analyst, then that’s not a good option.
3. You can check the processing times on USCIS website. At a higher level it might take 2-4 months.
4. L-1A is faster, but then not many people qualify.
5. No, you cannot
6. I am not sure, but I think she would be eligible.
I was in US with L1B for last 2 years and my company applied for extension, I got RFE and my visa and I-94 got expired on AUG 31 . my RFE response cut off date is Dec 15 2011.
mean time can i apply H1b through some other company when i have L1B extension RFE. i dont have valid petition or I-94 now. am i eligible for H1 B
Thanks
You are eligible for H-1 (provided you have the right education and skillset). However, you are not eligible for COS for which you need to have an unexpired I-94.
Thank You very much Saurabh, even if i got my h1 approved without COS i can’t work in H1?
You cannot work immediately on H-1 in that case. In order to start working on H-1, you either need to have a COS approval or go for H-1 stamping and enter US on that stamped H-1 visa.
Hi Saurabh,
I was working on L1B through X company and got H1B COS from 1st Oct through Y Company. My L1 company offered to file L1A. In order to active my L1B I went to India for 6 days vacation and and came back on 10th Oct. Will it impact my L1A processing? Since I was out of status for few days i am worried if this can impact to get L1A visa done. Can you please advise?
Why do you think you were out of status? You were out of status only if you were in US after 1st Oct and not working on H-1. Once you leave US, you don’t hold any status and hence there is no point of going out of status while being out of US.
On returning back to US, did you enter on H-1 visa or L-1B visa? Your L-1 still needs to be applied, right? Or has it already been applied?
Thanks so much, you are just great and always response for all kind of question.
Actually I was in the US from 1st Oct to 3rd Oct, I went out of US on 4th Oct. I am not sure if this will have any impact in future. My L1 company has already applied for L1A 2 months back. Waiting for approval. Can you please advise if I need to do anything in advance for 3 days (1st to 3rd Oct)? Thanks so much in again for your all support.
1st and 2nd Oct was weekend. So technically it’s only 3rd that matters. I don’t think that would cause a big issue in future. You did the right thing by leaving US on 4th.
Good luck!
Thanks so much Saurabh, you are just too good.
Hi!
I read most comments and was wondering if you could help me.
I’m working in the US for an IT company under the L1-A. I received an offer to work for an NGO / Trade Association – my company is an active member of this association – but the NGO informed they can not sponsor the H1. The NGO suggested that I could speak with my company and ask if they would agree to continue sponsoring my L1-A but NGO would pay my salary and benefits. Before speaking with my employer, I would like to know your opinion regarding the NGO’s suggestion. I believe this would be against the law but Im not entirely sure.
Thank you!!
Nanh
That is not possible. You have 2 options (if you want to work for NGO):
1. Continue to work for L-1A employer and set the client as NGO. However, you need to check if the position satisfies L-1A requirements.
2. Ask L-1A employer to file H-1 and once approved, work for NGO through your employer. Again, you need to check if the position satisfies H-1 requirements.
Thank you!!! Really helpful
Hi Saurabh,
My employer has provided a copy of my LCA that has been used to file my petition.
In the “place of employment” section, there are two addresses mentioned
Address #1 field -. Client location at
Address #2 field – Worksites within 50 miles commuting distance
City & State fields are mentioned as per Address field #1
As per this LCA,
1) Does it mean that I can legally work for any other clients with in 50 miles distance to address #1?
2) Can they legally post me in another city (with in same state) that is with in 50 miles distance to address #1?
Deeply appreciate your answers to the above questions.
Correction**
Address #1 field – Client location at [#xx, yy road, zz]
The term “worksite” is ambiguous. It could either mean employer’s worksites or the particular client’s worksites within that range. If you have to wok for a different client, I would recommend asking the employer to file new LCA and I-129.
Guys please help me find a pastry or bakery job which will be sponsored and i want it in USA only.
Suarabh – I need some advise.
I am currently in the US on a L1A visa for the last 4.5years with a multi national BPO, however they have not yet applied for my green card. Now Company B has approached me for a position and are willing to transfer my VISA from L1 to H1B and then a green card under EB3 category so my questions are
1. Would this be a safe bet?
2. What are are the risk involved?
3. What do I need to watch out from a timelines perspective given we are already in Oct 2011?
4. Can company B simply file straight away for a Green card while I am on L1 A visa with Company A or does Company B first have to do a H1B and then do a Green card in EB3?
5. Can company B apply for green card in EB1 category instead?
Thanks for your help in advance.
——————
Rikky
1. Depends upon H-1 employer and proposed job offer. If employer and job are credible then it looks like a good plan – get H-1 approved, file GC under EB3 and then apply for subsequent H-1 extensions
2. See (1)
3. Your H-1 needs to be filed before quota gets exhausted. Also as you are closing in your 6 year clock, it’s better to have H-1 filed w/ premium processing so that you can start working on H-1 early and have your GC filed early.
4. They can. However, they would need to demonstrate why they find you fit for the job. Usually companies prefer to wait for 6 months so that they can do one round of performance evaluation and see if they really want to file GC for you.
5. On H-1 no. Category depends upon proposed job and your qualifications. How many years of work experience do you have? Also what has been your college education?
Hi,
I have a few clarifications that needs to be sorted out given the situation I am in below.
Kindly request you to please help me out in getting a clear picture
I am on a L1 status from a company A in US and I have an offer in hand where in a company B is ready to file for my H1.Now my project tenure here in US is till Dec 2011 and I plan to go to India for some family reasons , by which I need to invariably get my H1 stamping done.
My concerns are :
a) What if I don’t get my H1 visa approved does my L1 still hold good ???
b)As soon as they file for a H1 for me and I am in US then will my visa status have any change??? Due to which my company A will get notified???
c) Will I encounter any kind of problems if I don get my H1 visa???
The reason being I don’t want to loose my L1 visa in the bargain of not getting a H1
To re-iterate my concern is if the company B files for my H1 will my visa status automatically change and if my H1 visa gets rejected , then will my L1 visa status become invalid.
Hope I am able to convey my concern across.
Hoping for an answer as its kind of urgent.
Thanks
1. Denial of H-1 petition doesn’t impact L-1 petition
2. If H-1 employer requests for COS (change of status) then your status would change to H-1 from the approval date mentioned in the COS (once it gets approved i.e.) A will not be notified about any COS.
3. No, your status would continue to remain L-1
Saurabh thanks for the reply.
I have few more concerns.
There are 2 types of L1 to H1 transfer right ???
1) One is with COS where in u start right away working with the H1 employer if ur petition gets approved without even going to India. In that case the L1 status would change to H1 immediately ??? Am i right???
Will the employer get notified about my visa status change or until I tell him he will not be aware of it???
2) Secondly without COS ,now in that case I go to India get my visa stamped and then come to US.Here if my visa gets denied my L1 would still be valid right ??? there wouldn’t be any change to my L1 status ???
If my H1 gets rejected what is the duration of time that’ll take for me to again apply??
When I talk to the H1 employer I should be clear as to what H1 I am expecting right I mean w/COS or w/o COS
Plz clarify
And must say u have a superb way of answering the concerns…Gr8 going….
Thanks for appreciation 🙂 I am glad that my answers were of help to you and others.
1. In this case, your status would change from the date mentioned in the approval notice. L-1 employer will not be notified about this, but H-1 employer would know.
2. Well usually it’s not impacted. However, if the VO determines that you didn’t maintain legal status in US, then he can cancel the L-1. Also, if they approve the H-1 they can cancel the L-1 visa stamp w/o prejudice.
You can apply for H-1 soon after the rejection. There is no “cooling” period. Yes, you need to be clear whether you want w/ COS or w/o COS, and what the requested start date should be if applying w/ COS. There have been instances when employers have done mistakes when applying for L-1 to H-1, so ask him to be very thorough w/ the choices he puts in.
Let me know if you have any further questions.
Thanks 🙂 I guess I feel less confused 🙂 Saurabh also I have my prjct here till Dec 7 and my initial return date to India is Dec 9th …
And I have to give a 2 week notice to my current employer .Now in this case can we give our dates of availability to the H1 employer or is it by default ???
Also I am going ahead with the w/COS type of filing I need to get that done before my L1 prjct date gets over right ???? or since my visa is valid for the next 3 yrs can I stay for a week or longer till my H1 is done ???
What are the chances of us getting thru the stamping going to India w/COS ???
I am sorry for shooting so many questions, but I don’t want to leave any stone unturned 🙂
You can provide your desired start date to H-1 employer. Processing usually takes 2-6 months unless filed w/ premium processing option. What you can do is file H-1 w/ COS and give start date of Dec (no later than L-1 expiration date) and file it w/ premium processing. Once USCIS processes the petition and approves it, your H-1 would be set to start on that Dec date (USCIS adjudicates premium processing petition within 15 calendar days).
You can then accordingly give 2 week notice to your L-1 employer. However, remember that L-1 employer may cancel your L-1 in retaliation and send you back to your home country. As your H-1 wouldn’t start for another 1-2 weeks, you may be in a tough spot.
Chances of H-1 approval (including stamping) depend upon following things:
– your profile and expertise
– employer’s credentials and adherence to laws
– prospective job (client/project etc)
– your adherence to immigration laws
Do you know if you will be working for a consulting company or not? If yes, will it be an EC model or EVC model? Let me know if I missed answering any question.
Hi Saurabh,
Companies A and B are filing for H1b with COS for me. Assuming I get I94 for Company A with start date as 24th Oct and I94 for Company B with start date as 31st Oct,
1. If I decide to Join Company A by 24th Oct, will the Company B’s I94 affect my status to join Comany A, as Company B’s I94 was approved the latest?
2. Is it legal for me to stay in L1 till 31st Oct and directly join company B, ignoring Company A’s I94 that start s by 24th Oct?
if not will it make it my stay legal by me reporting to Company A on 24th Oct and then moving to Company B on 31st Oct?
Thanks in advance.
1. As both A and B I-94 will be for H-1, approval of one wouldn’t trounce the status set by the other. It would have been an issue if they were for different visa types.
2. No. Once your first H-1 gets approved w/ COS, you are supposed to work for that employer on H-1. You can work for A for few days and then move (or not move) to B on B’s approval.
Thanks many! Saurabh.
Hi I have a question. If an employer applies for an H1B change of status, can he specify the start date from when the status would be applicable? or is it just from Oct 1st 2011 by default.
Thanks.
He can specify the date, which could be maximum 6 months into future.
Thanks ! This looks like a really awesome place to get answers to questions..good job buddy…!
Hi Saurabh,
Thank you so much for your advise,I needed quick response,
My Manager told me that to convert from L1-B to H1-B client letter is mandatory and its very difficult to get it.
My Question is : is it Client letter is Mandatorily required ? because since I’m working in client place is it required ?.
Thanks in Advance.
When filing through consulting companies, client letter is necessary when filing for H-1. With big employers, this is not required, but is almost a must when filing through small companies. What this letter shows that your employer has a project ready for you, and you will be billable asset for the company and will be paid regular salary (small consulting companies do not pay on bench, which is against H-1 law).
I got RFE on L1B on 26th SEPT for Company X. The last date of RFE submission is 07/DEC/2011.
In the meanwhile Company Y applied my H1 with COS and is approved on 06-OCT-2011. So I want to join Company Y. But my L1B Extension (RFE submission) is still pending. If I do not submit the RFE extension for Company X , will my L1B will be DENIED on 07/DEC/2011 and my Final Status will be still on H1B?
Thanks
Mahesh
Yes, your L-1 extension would be denied, and your status would continue to be H-1 based on your COS approval.
Hi Saurabh,
I have received RFE yesterday for my L1 extension.My I-94/petition expired a month ago.
1) In general on an average how many days will I get to reply for RFE?
2) Assuming I have 1 month of time and if RFE is filed just before its expiry,then if petition gets rejected after another month,then I think I had spent almost 3 months since I-94 expiry.Will it cause any prob for me in the future?
3) Per point2, if my L1 is rejected finally,do I get any additional time to leave US or I need to leave US immediately.Because I believe I should require atleast 2-3 weeks of time for booking tickets,settling lease etc.
1. 1-2 months. The date should be mentioned in the RFE notice.
2. It shouldn’t as you had a timely extension filed and were waiting on basis of that extension.
3. One is supposed to leave US ASAP. I think USCIS understands that it’s not possible to leave the country the very next day. If you end up staying little longer, then you **may** be able to explain that in future (i.e. if USCIS questions about it). However, keep that extra stay to minimum as a lot would depend upon USCIS officer’s discretion.
Hi Saurabh,
I was working on L1B visa which expired in March 2011 but I-94 is valid through November 3, 2011. My company applied for L1 extension in July 2011 and received RFE on July 22, 2011. The RFE due date is October 16, 2011.
Instead of responding to L1 RFE, my company applied L1 to H1 COS which got approved on Sept 23, 2o11. I received a copy of approval and it has I-94 effective from Oct 1, 2011 attached to it.
Now, my questions are:
a.) If my employer sends withdrawal request for L1 case before Oct 16th, will it be accepted before that or there is a risk of L1 denial associated? In short, how long will USCIS take to acknowledge a withdrawl request?
b.) In worst case if L1 gets denied because we didn’t respond to RFE and withdrawal is not accepted by USCIS by Oct 16th, what will happen to H1? Will it become void?
Thanks for your inputs. Greatly appreciated.
1. They would cancel the extension petition once they receive the request. I don’t know exact time, but it may take up to a month.
2. L-1 denial doesn’t impact already approved H-1. You are on H-1 from 1st Oct 2011. Also, if L-1 RFE is not responded, it’s automatically denied.
Thanks Saurabh. So, L1 denial will not create any impact on approved H1B. But, will it create any impact on my status? Meaning, if L1 gets denied, I will not be out of status due to last action rule and will be able to continue to stay in US based on I-94 received with approved H1?
Last action rule comes into play only if L-1 extension gets approved, in which case your status would become L-1 from the approval date.
Your status would continue to remain H-1 (based on I-94 that came along w/ H-1 approval) and you will be on that status even after L-1 is withdrawn or denied.
Hi,
In US on L1B which is getting expired in December 2011 and I-94 also valid till December 2011.
Applied for L1B extension and went to RFE. My employer suggested to apply of LIBlanket from Canada. Just want to to know is it extension of current visa or new application for LIB from Canada instead of going to India. Also if i travel to Canada for my Visa interview within next month or so and if Visa is rejected, will there be any problem in entering back to US. Someone said that if Visa is denied in CANADA we might have to depart from there. Want to tell u once again that I have I-94 valid till December, 2011.
It seems your employer wants to go for L-1 blanket stamping in Canada. Does he already have a blanket petition approved for the client where he plans to add you? Seems like a way to bypass individual petition for you.
Approval of your L-1 blanket visa would depend upon whether officer finds it relevant w/ the proposed job or not. Yes, if your L-1 stamping is denied you will have to return to your home country. But there is something I am not clear about. When one travels to Canada and intends to return within a month, they don’t need to submit the I-94 while traveling to Canada. So if you don’t submit the I-94 and stamping goes wrong, you can return on previous visa stamp and I-94. But if stamping goes successful, I am not sure if new I-94 would be issued or not as your previous one wasn’t submitted. It is better to talk to an immigration lawyer to get clarity on this.
hi saurabh,
i have been selected for accenture through my campus placements after my b.tech,but stil i want to pursue m.s in USA , i would like to know from you whether it is better to work with the company or go for M.S , as my dream is to go US and work there. Is it better to go US through the company or else with m.s. ( for which i have to spend money) .
I don’t know what Accenture’s policies are on international travel. If you end up in a domestic project, or where there are no onsite requirements, then you will continue to work in US. Otherwise, you will have an option to travel to US and work here. If you do MS, then that’s an investment. Although it requires one to give GRE, TOEFL, fees (depending upon your scholarship) etc, but it helps you in securing better job opportunities in US.
Ultimately it’s your decision what you need to do, and each person has different perspective and different priorities. You need to list down what your priorities are, and how many years you want to devote towards it and then make the decision. I am sorry if my answer wasn’t clear enough, but it’s a subjective question.
Hi Saurabh,
Today the employer who filed H1B for me forwarded an petition approval email from USCIS to me. The email has besides other details the following:
Classification: H1B
Starting Validity Date: 10/01/11
Ending Validity Date: 09/30/14
I requested my prospective employer to file for COS (L1 to H1) from Dec 1st, 2011. So I am not understanding if the starting validity date should have been Dec 1st or we get some separate document for COS? What does Starting Validity Date actually mean in terms of COS approval?
Thanks a lot!
Raj
In the approval notice, was there an I-94 attached to the bottom of it? If yes, then your COS has been approved. Your status would be H-1 from the date mentioned in that I-94. If there is no I-94 attached, then your status would remain L-1.
Urgent help needed !!!
Hi Saurabh,
The prospective employer informed me that the law firm made an error and H1 COS is indeed from Oct 1st. Now I seem to be in a big mess since I should not be working on L1 at this time. What are the possible options for me now? I have a canadian visitor visa. Can I immediately leave the country and re-enter US the next day or 2?
Please respond asap..Thanks a lot!
One more question. Is there any other way that I could re-enter US on L1? Also, is the status record in front of the immigration when we enter US? I am really worried on future prospects of coming back to US since it is really in a mess.
Sorry for writing in bits and pieces but I am really tensed. If I ask the prospective employer to cancel H1, will it help anyway? Can I continue working on L1 then without doing anything like leaving the country etc? Will my current situation affect anything in future like visa extensions/GC etc? Please suggest the best possible options.
The quickest option is to travel out of US and enter on stamped L-1 visa. If your L-1 visa has not expired, then you can travel on that visa stamp, else L-1 visa stamping would be required. As it has been less than a week in October, you should be fine.
I have read about cases where a person traveled to Canada and returned back the next day or so. You can do that and be again on L-1. I doubt if anything would go wrong at PoE, but there is always an associated risk and you should have back-up plan in mind. It would also be nice to ask your lawyer about any other precautions you need to take.
Does not the L1 visa gets canceled when H1 is approved with COS?
L-1 doesn’t get canceled. Your status gets change to H-1. One can go back to L-1 by filing COS from H-1 to L-1 (takes time) provided L-1 employment is still valid and L-1 petition hasn’t expired.
Thanks Saurabh.
I have an L1 visa valid until Feb’2012.
1. So if I go to India and re-enter US on L1…Correct?
2. Will there be any problem re-entering US on L1 since I was on H1 status for say 7-10 days in Oct since I would have got the salary from the L1 employer?
3. How soon can I return from India back to US on L1?
4. Will my current employer come to know by any chance that I was on H1 status if I re-enter US back on L1?
5. After I re-enter US on L1, I believe I cannot start to work on H1 until I get my visa stamped from India. Right?
6. Can I ask the prospective employer to cancel my H1 and I then continue to work on L1 as usual without leaving US?
7. When going to India can I also get H1 stamped but re-enter on L1?
Thanks for your help. I am really in a panic situation.
1. Yes
2. There shouldn’t be. Usually PoE officers don’t go into that much details. But you never know. As you were less than 15 days (which is the minimum pay period), you might be able to talk yourself out.
3. As soon as you want to
4. If everything goes as per plan, then he wouldn’t know. If you are sent back from PoE (chances are less but certainly not zero), then he would know.
5. That is one option. The other option is that H-1 employer files for COS from L-1 to H-1. Once approved, you can start working on H-1.
6. No. COS needs to be filed from H-1 to L-1 by L-1 employer in order to move to L-1 w/o leaving US.
7. Yes, but lot of stamping cases are going into administrative processing. So one should avoid going for stamping unless it’s really necessary.
Hi Saurabh,
Today I spoke to an attorney and he suggested that I travel to Canada and stay there for at least 24 hours before returning to US on L1. I asked him if he foresees any risk in getting stuck while re-entering US, but he said there should not be any problem at all. I planning to go to Canada on Oct 7th. Do you think what kind of problem or risk there maybe? Does immigration officer have all the information in front of them like my 7 days out of status? Will it be fine? As you said if it is less than a week but in my case it is 7 days, a week.
Thanks a lot!
One more thing the attorney suggested not to drive to Canada but fly out and fly in. Also, at the time of departure should I submit both the I-94s (L1 and the one which came with H1B petition with COS) ? Kindly suggest
I don’t foresee any risks. Carry your L-1 related documentation including employment letter, recent payslips, client contact information etc when traveling back to US. Pay cycles are usually 15 days or 30 days in US. So as long as you are doing this before completion of the minimum pay cycle, you should be fine.
IMO, you should submit the I-94 when flying out of US, so that that record can be closed and new one can be opened when a new I-94 is issued while returning to US.
Saurabh,
Did you mean submit both I-94s ? Will they ask at the departure why 2 I-94s?
Yes, you should submit both. The two I-94s have the same number, and it’s ok to have multiple I-94s having same numbers.
Will there be an issue if I just submit L1 I-94 since I do not have the H1B I-94 yet with me?
It should be fine. They need an I-94 to close your entry record. As long as they have one, you should be fine.
Hi Saurabh,
It’s been a while. This is how the situation was resolved.
Company who made a mistake with COS date withdrew the H1 application and re-filed it. They told me that I don’t need to travel anywhere and it will not impact anything on my part, nor will I be accounted out of status. Is that true?
Now my H1B is approved with COS. Does H1-B stamping depend on how DS-160 form is filed? Can we get it stamped anywhere like Mumbai, Delhi or we have to do it closer to our resident state?
I assume they withdrew and re-filed before the original petition got approved. If yes, then it should be fine. Your status remained L-1 until COS approval date and would have become H-1 from the new COS approval date.
As you are currently a resident in US, you can schedule interview at any consulate. When you go to VFS site and make the selection (current resident in US), it will allow you to select any of the 5 consulate. DS-160 form needs to be filled truthfully. So I assume there is only 1 way to fill the form.
No, they withdrew 5 days after H1 was approved w/COS and then refiled a fresh application. So will I be out of status for those 5 days or so?
I think it would be ok, but I am not sure. Check w/ an attorney on the same.
Company’s attorneys are saying it’s fine. And that’s why they asked me not to travel outside US to correct the status. But just double checking from my end too because they are not the ones who gets impacted but me 🙂
Hi Saurabh,
I am currently working for employer A in L1B Visa which would be expiring by end of November 2011.I recently applied H1B with COS (PP) through another employer B and got RFE (E-E relationship,looks like employer B would take sometime to respond to the RFE). My current employer A also applying for L1 extension.
Can you please answer me the following quesitons,
1. Can I appy for another H1B through employer C since the chances of approval with employer B seems to be minimal? If so, which option (H1B W/COS or W/O COS) would be better in my case?
2. Will it create any conflict with USICS since all three petitions would be with them at the same time?
3. Please advice how I can proceed in this situation.
Appreciate your help on this.
1. Yes C can file for H-1 for you. Both options are available, it should be filed w/ COS if you want to work for them once the petition is approved.
2. It would create a race scenario. Your final status would be determined by the petition that gets approved later. So if L-1 gets approved followed by H-1, then your final status would be H-1. In vice-versa case it would L-1.
3. If you really want to work for C, then ask them to file for H-1 w/ COS. If it gets approved, then ask your L-1 employer to withdraw L-1 extension and resign from them.
Hi,
I am with company A in US on L1-B. Now company B is applying a fresh H1-B petition for me. I heard that sometime even though a fresh H1 petition is filed USCIS may approve this as a conversion and I will not be able to work for A. I want to know how much possible it is for them to approve the petition as L to H even though a fresh H1 is filed and any specific scenario that this happens.
Thanks,
Ram
If they approve H-1 w/ COS (change of status) then you can work for H-1 employer from the date mentioned in the approval notice. Else, you cannot work for H-1 employer until you get H-1 stamped from a consulate outside US or file COS from L-1 to H-1. COS is an option that employer needs to specify when filing the petition.
Hi,
Currently I am working for company A on L1B, meanwhile company B applied for COS (H1B), It’s still under process. Now company C approched me and offered me a job and they are ready to apply for H1B thru premium process.,
Can u advice me in this regard. what would be the chances to accept the company C’s offer.
C can file for H-1 w/ COS and once approved you can start working for them. If B’s petition gets denied, then you are not effected at all. If B’s petition gets approved, then you can decide whether to continue w/ C or move to B.