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.,
My L1B is expiring in 10 days, But my I94 is valid till 2013, Our company is planning to fill for extension., but attorney is saying like extention is purely based on I94, in my case I94 is valid till 2013, it’s too early to apply for extension and rejection of petition would be high., is that true??? If I want to visit India in b/w then what are the options I have?
Hi – I am working in L1B visa and it is expiring in May 2012. My fiancee visa is ending in Feb 2013. What are the chances of staying in US without going back to India ?
1: Can I file H1 in 2012 quota ? Will I have to go back in May 2012 ?
2: How long does L2 process take ?
3: After L2 process, how long does the EAD process take ?
4: My I-94 date is Nov 2013 and Visa expiry is May 2012. So will that make any difference ? Can I stay in US ?
To all,
Is there any employer who can do my H1 this year in 2011 ? Please let me know I will share my email with you.
2009 I had applied for H1 and it got approved but later I decided not to move to that company (since it is not good as I thought). This year I’m filing for H1.
Question: If I apply for this year. Which year quota I belong 2009 or 2010?.
The new employer can file a cap-exempt petition for you on the basis of past approval. You are not subject to quota.
Saurabh thanks for your reply. My case is already filed but I’m not sure if USCIS received my file by nov 22 . Is there any way to make as cap-excempt? I had applied for h1 twice once on 2006 and 2009 both were approved. Please suggest.
If they didn’t receive the petition by 11/22, your petition will be returned. Your employer can then file a cap-exempt petition based on your 2009 approval. Do you have the receipt number for that 2009 approval? That would be required to make it cap-exempt.
Saurabh thanks for your reply.
Yes I have my 2009 receipt number & scanned copy of the approval notice. My 2009 petition was approved with COS but I never joined. I believe that company might have cancelled my H1. They said they will cancel not sure how to check the status. Will that really matter for applying for cap-exemption?.
Even if they canceled it, you can still use it to make your new petition cap-exempt. In case USCIS revoked the petition (like they typically do when consulate refers the case back to them after 221g), then you cannot use it for cap-exempt purpose.
Should I ask them to send documents immediately when they get the receipt number?.
I didn’t understand your last question. Send what documents?
Question: How can I know if my previous petition was revoked or cancelled?.
can my previous company who applied for H1 on 2009 revoke 2009 approval?.
Between should I ask my current employer to send the document for filing as cap-exempt giving old receipt number immediately?. I’m not sure if that the case which was filed reached on 22 or not.
My urgency is
My wife is on H1 and my current project on L1 is ending on Jan before that I want to make a move. so that I continue here. Saurabh any suggestions ?
Yes, the employer can try to file w/ cap-exempt option. Hopefully that would work out. You can file w/ premium processing option to get a speedy response. Although it may cost some money, but looking at the urgency of your case it may be a good bet.
Good luck!
Hi Saurabh,
What is the difference between Employer canceling H1 or USCIS revoking H1?.
How can I know if my previous (2009) h1 is in cancel or revoke state?.
Should I contact the previous company who applied for my H1 last?.
My current company who applied for H1 said the postal says USCIS received the file on Nov 23 🙁
When USCIS cancels the petition, it is usually because they have determined the employer/employee to be ineligible for H-1, and it considered just like rejection. That means out of quota. Employer asking for withdrawal means that employer is no longer in need of your services. However, that is not considered as rejection and you are still considered to be part of the quota.
I don’t know of any way to figure out the status of old petition. You can check w/ old employer. Or you can ask your current employer to file w/ cap exempt option and see if it goes through.
Hi Saurabh,
You are really helpful for everyone here. I thank you for everything.
My update:
My company said they got back the file and they will be filing as non-exempt. They asked my previous receipt number.
Do you think this is enought or approval notice is required?.
FYI, my previous H1 was approved with COS. between I went to Canada and came back.
Do you think there is any issue?.
What are the things they need to consider when filing H1 as non-exempt??
Thanks,
Srikanth
It’s best to have 797 approval notice. But if you just have the receipt number, then it can work as well (provided the petition was approved). You can check the current status online using the receipt number.
Regarding your CA trip, it will not matter as long as you maintained legal status all the time.
I have 797A . Is that different from 797 ?.
They are same thing.
Hi Sourabh,
The current cap count as on 11/18 is 61800. My visa was applied on 11/21 by around 9:00 am EST, now I am worried if I got thru the cap since 6,800 visas are set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements.
Now my question is that does any warning or alert come up when the visa is applied after the 65K cap count as they would be taking more than 65K applications just in case some of the applications get rejected. Or the only way to know is track it down after the receipt number arrives?
Your comments would be helpful for many of them whose visas are applied this week or will be applied in a couple of days.
Thanks,
Akash
Although they keep aside 6800 petitions for H1B1 category, but they also include petitions from unused H1B1 category from last year. That is why you are seeing a number more than 65K-6.8K. USCIS will accept close to 65K petitions. Looking at the filing trend, quota may not survive another week.
Thanks Sourabh,
So this means that my visa that is filed on Nov 21 has come under the cap for this year. Is my understanding correct.
Thanks.
If the petition reached USCIS office on 11/12, then there is a good chance that it made through the quota. We will have to wait for next USCIS update to see on what exact date quota was reached.
I guess you meant 11/21 and not 11/12. My employer said that the case was filed with the USCIS at around 9:00 am EST on 11/21 which makes me believe that the petition reached USCIS at that time. Also, I believe that USCIS would not be accepting applications on weekends and holidays.
Thanks.
Yes, I meant 11/21 (trying too hard to reply to too many posts in too little time 🙂 ).
Yes, they won’t accept petitions over the weekend, but that doesn’t stop people from sending them and piling them at their doorsteps only to be accepted on Monday. However, I think quota wouldn’t have been reached on Monday, so you should be all good.
thanks for all the quick answers..
Cheers,
Akash
My L1B Visa is going to expire in Dec-2011 and I never been to US on this Visa.Now my question is:
-Is it possible to extend the visa by staying in my own country?
-If no then how many days before my Visa expiry should reach US to apply for an extension there?
1. The employer can do so if they have the business need and requirement
2. Extension can be applied from outside US. When applying from within US, it needs to be filed on a date when the I-94 is valid (you will be issued an I-94 when you enter US which will be valid until your L-1 expiration date).
Hi Saurabh,
I recently joined another company who sponsored my H1 B, previously i use to work for one Indian MNC on L1 B. When i try to submit the papers and try to exit, there is no option for onsite employees where as per organization policy employees who came on deputation from India should go back to India and resign there, so that’s why they rejected me to give the service letter or experience letter. And now from Oct 1st-Oct 15th, i got 2 paychecks from my current company and the previous company. when i contacted the HR, they said i should serve 2 weeks notice period, hence they issued a paycheck and did not issued me the service letter. Will it be a problem for me by receiving 2 paychecks for future GC process and please let me know how can i resolve this amicably. Thanks.
If I understand your post correctly, your L-1 employer paid your salary even after you joined the H-1 employer, right? I don’t think they can do that once you have resigned from them. Ensure you keep record of all communication you have w/ the old employer.
You should talk to an attorney on how to get out of this situation, but here are some of the things that come to my mind:
1. Write a check in name of the L-1 employer and send it to them. This should be equal to the salary you received
2. Change your bank account, so that they can stop depositing salary in your account
Not having experience letter may be an issue in future (especially GC). Depending upon your profile and GC job, you may be asked to submit experience letters from old employers. However at that time, you can talk to the employer and let him/her know that you are not at good terms w/ the employer (besides some employers don’t issue letters stating specific skill set, which is what is required for GC). You can talk to the lawyer if you can get experience letter from your past supervisor or colleagues (they can work out as well, at times).
Hi Saurabh,
You are doing a wonderful job, thanks for all your help.
I’m in US for last 5 years and my L1-B expired on 6th Nov 2011. My company filed for my H1-B (premium processing) on 11th Oct 2011, so i can work for another year in US. A RFE was raised on Oct-28 and my company gave the response by 8th Nov (i’m not sure of the exact date). As of today my approval has not yet come.
1) Since my H1-B is not yet approved, is it illegal for me to work.
2) Can i stay in US and not work till my H1-B approval come through.
3) Are there any other options.
Thanks
1. You should not work as your L-1 has expired
2. You can continue to stay if your I-94 is still valid. If your H-1 was filed w/ COS, then you can stay up to 240 days in US (after I-94 expiration date) until you hear result to the COS. If COS is denied or 240 days are up, then you have to leave US ASAP.
3. As it has been filed w/ PP, you should hear the result within 15 calendar days. If you have receipt number, you can track the status online and see where the process is.
Good luck!
Thanks for your quick reply.
I just came to know today that my company has still not raised RFE. I’ve taken up issue with our higher management and they will respond to RFE in couple of days. After responding to RFE, I am expecting to get result from USCIS by 12th Dec 2011.
My question is, staying in US for more than a month without a work visa, what implications that has when i go for stamping in future. Does it reflect bad on my history.
As you are closing on the end of 5th year on L-1, it’s better to talk to an immigration lawyer about your case. IMO it should be fine to stay in US on the basis of pending COS, but you will have to check w/ an attorney to be sure.
Hi Sourabh,
If we have SOW with Start date only as company not decided to put end date on SOW. What are the chances in this case for getting H1 Approved .
If we have SOW and we dont have client contract then what are the chances .
Suggest me alternate too ?
It would depend upon the USCIS reviewing your case. It can either by approved for the entire requested term or they can approve it for just 1 year. A lot of this depends upon the officer and there is no concrete answer one can provide.
HI Saurabh,
I have a L1-B visa with company A (expires in Oct 2012). I was in US till 30 Aug 2011 and came back to India. During my US stay i applied for my H1B with Company B and got approved ( I-94 is valid from 1-Oct-2011 to 30-Sep-2014)
Now i am in India and have decided to stick to Company A(L1 Visa) and not to go with company B(H1 Visa). Thats why i am not planning for H1B stamping.
Please answer following questions
1) Does H1B approval and new I94 of company B cancels my existing L1B visa of company A?
2) Company A (L1-B) has asked me to travel on 25th Dec to USA. So do you think that I will have tough time at port of entry in USA? Can I enter in USA with L1-B visa since it is not yet expired?
3) Will officer at port of entry ask me “why didnt you go for H1-B stamping since it was already approved?”
I would really appreciate your quick reply.
Thanks and regards,
1. No, it doesn’t
2. You can travel on L-1 visa if it has not expired and the job satisfies L-1 employment. Carry payslips from your initial L-1 stay.
3. I doubt if you will be questioned about your H-1 petition at PoE.
Hey Sourabh,
Thanks a lot for answering these questions. I am so much thankful to you.
Hi,
I am currently in US on L1(B) since sep 2011 and this is my second L1. On my Previosu L1 i stayed in US for almost 23 months and then it got expired. I was in India for three months and got my L1 approved and came to Us in Sep 2011.I have been looking for a job recently with H1 sponsorship and finally got an employer to sponsor H1 in PP and 2 days ago they filed my H1. I could provide them only 2 paystubs as the most recent ones i have for only 2 months for sep and oct(as i came in sept). The issue is that the employer is saying that there could be very little chances that there could be an RFE. Reason being i dont have paystub for Novemeber(and have paystubs only for two months), but the problem is my salary is monthly and has 10th of every month as the paydate in it(though ADP). so recent paystub has 10th Nov as paydate, which i provided to them.
So first paystub:- sep 1 to sep 30th. Paydate 10th Oct
Second paystub:- oct 1 to oct 31st. Paydate 10th Nov.
Could this be a reason for an RFE as there is nothing i could do about it.
I am worried. Please advice.
Thanks,
By the time your petition was filed, you were in US for only 2 complete months and submitted the salary slips for those months. Also, your salary slips show that you are paid monthly. I doubt if USCIS would issue RFE for this, and in case they do, then you can submit the remaining payslip(s).
Hello Saurabh,
Thank you so very much for your response. Higly appreciated!!
Also please let me know whether it is a mandate to provide three salary slips. Can that be a basis for RFE, only providing 2 instead of three paystubs.
Thanks,
If one has stayed in US for less than 3 pay periods, then one needs to submit payslips for only those pay periods (which will be less than 3). If one has stayed for at least 3 pay periods or more, then at least 3 pay slips need to be submitted. I said pay period, as some companies pay bimonthly while others pay monthly.
Hi All,
Am in H4 right now. I have done my bachelors degree in India as BHMS ( bachelor of homeopathic medicine and surgery)Am looking forwards to do my masters here. My husband’s H1b max outs coming July 2012. Given the circumstances, can i apply for a students visa and process it right away? If no, can i apply for my H1b through a company which would offer me a job? how long does the process takes? what are the options?
Appreciate your help on this.
You can search for schools and once they issue the I-20, you can apply for F-1. If you still need to search for H-1 employers, then it may be too late for this year – the quota is close to getting over. Even if you find an employer willing to hire you for next year, your H-1 won’t start until Oct 1, 2012.
Thanks Saurabh for your instant response for my query.
1. Yes, as you mentioned I will have to search for H1B as soon as possible to get into 2011 fiscal year. Actually getting the job is my second priority.
2. But if I want to start my studies immediately (i mean to get I-20).
I have couple of questions to ask you.,
What are all the pre-requisite steps to get I-20. (Right now i am in H4)
Do I need an admission letter from that school? (Or) Can I apply for I-20 separately myself (thru some attorney)?
Is that I-20 will be applied through the school?
Appreciate your help..,
I am not much aware of the I-20 rules. Once you finalize the school, you will have to get in touch w/ DSO to issue I-20. Once that is issued SEVIS fee needs to be paid and then apply for COS from H-4 to F-1. I may be little off w/ the steps.
The other route is to enroll in a school on H-4. Later move to F-1 by following above steps.
Hi,
Current status:
on L1B expiring on 29-Dec-2011.
Worked in status and not back in India on vacation. Still In India as on 21-11-2011.
My H1B is filed in premium and on 07-Nov-2011 it is approved and as per USCIS the approval notice is sent to Attorney on 07-11-2011. as of 21-11-2011 it is not received by attorney. I can not schedule my Visa interview until the physical copy is received in hand. so I am still wiating.
In the meanwhile, client is putting pressure to come onsite.
Can I travel onsite now without my H1B, as my L1B is still valid for a month. what happens to my I-94 that I get with H1B approval. Does this travel affects my H1B status. after the travel what will be my status.
You can travel on L-1 visa only if you intend to work for L-1 employer after entering US. If you want to work for H-1 employer for the mentioned client, then you need to travel on H-1 visa. Once you enter US, you will be issued a new I-94 which will govern how long you can stay in US and what your status would be.
Thanks Sourabh, in My case the L1 Employer and H1 Employer are the same. so if I travel on L1 Visa for this company then I will be issue a new I94 endored with L1B, which is valid till 29Dec2011. does this means that my approved H1B visa will be of no effect and my status will remian L1B and I have to exit US before 29 Dec 2011.
Do you intend to do job as defined in L-1 petition or something different? Assuming yes, you will be issued L-1 I-94 only until I-129 expiration date.
Check w/ an attorney on how to work out H-1 L-1 situation.
Hi,
Now i am in L1 B
If i apply H1 B now thgr consultancy this (December-2011)
Whn i see cap count its almost 55000.
When can i wrk to emply B in H1 B.
If i get H1 B
whether i can wrk after october 2012 only if i get H1 B ..
If the employer files H-1 petition before quota gets exhausted then you can work from the approval date (assuming H-1 is filed and approved w/ COS). If you miss the boat, then employer can file it in FY-13 which has earliest filing date of April 1, 2012 and earliest work date of Oct 1, 2012.
Hi ,
I am currently working for Cmpny A under L1B visa..
If i apply H1 B through any consultancy ?
Whether i am able to wrk under L1 B after i got H1 .
My consultantcy told once u got H1,, u shld move to H1 within 3 months ..
is there any grace period for H1 visa (tht it will expire). hw long will it be valid..
Even if i got the H1 visa .. i tht to work in L1 visa for another 5 months ..
Even though my H1 visa will be valid
Is there be any prblm ..
One more question ..
If i filed extension for my L1 … In parellel i can i appy for H1 B through any consultancy is tht be any prblm .. can u suggest ..
When applying for H-1, the employer will have 2 options – apply w/ COS (change of status) or w/o COS (i.e. consular processing). In case of former, your status would be H-1 from the approval date and you need to work for H-1 employer from that date and not for L-1 employer. In case of latter, you can continue working for L-1 employer as long as L-1 petition is valid. To move to H-1, your employer either needs to file COS or you have to go out of US, get H-1 visa stamped and enter US on that visa stamp to work on H-1.
L-1 extension can be applied in parallel; however this results in race scenario (if H-1 is applied w/ COS). So your ultimate status would be whatever gets approved late (this is called Last Action Rule). FY-12 quota is close to getting over, so you need to hurry up for your H-1.
Hi Saurabh,
I am on L1B and a potential employer is applying for H1B for me.
My L1B, i-94 expires in 3rd Feb, 2012. While applying for H1B, will this be an issue, or a new i-94 will be given along with the H1B based on H1B petition end date (which will be applied with COS). Please clarify.
Thanks
If H-1 is applied and approved w/ COS, then a new I-94 will be issued (same number but annotated w/ H-1 instead of L-1). This would mean that you will have to work on H-1 from that date.
Hi Saurabh,
Thanks – My question is more on new i-94 expiration date that would come along with the approved H1B. Will it be as same as that of my L1B expiry date, or a new expirty date would be in correspondence with H1B petition end date.
My curreny L1B i-94 expiries soon (Feb 2012), though my L1B petition is valid till 2013 April, so I am concerned about the new i-94 expiry date.
The H-1 I-94 expiration date will be based on what employer requested (in I-129) and what USCIS determined appropriate (based on submitted documents). It can very well be different from L-1 I-94 expiration date.
Hi Saurabh,
I am currently on L1B from Employer A. It is expiring in Jan 2012.
Employer B has filed for my H1B already.
Now I also want to ask my Employer A to extend my L1B just in case.
Will it be a problem if both applications are at USCIS at some point?
Please help.
Thanks,
MMB
L-1 employer can file for extension. Having both H-1 and L-1 running in parallel creates a race scenario. Whatever petition gets approved later, will determine what your final status be.
So if H-1 gets approved first, then your status would become H-1, and then L-1 gets approved making your eventual status L-1. If L-1 gets approved first, then your status would continue be L-1 until H-1 gets approved, making your eventual status H-1.
Hi,
I need your assistance on L1 to H1 b transfer.Please clarify all my doubts below.
1.If i am getting the offer letter from the client and can i do the h1b processing through consulting companies ?Still do we have the option to process our h1b through consultants.Is there any difficulties if i am processing for premium?
2.I am going for premium and after approval whether i have any time to leave from my current company or i have to start to work from the approval date with Employer B.
3.I have the notice period and if i am leaving within 1 week,will I have any rights to ask for the support documents from my current company and will i get any issue from them.
4.During the H1B premium processing,will it have any updates to my current company on my H1b processing from USCIS(regarding COS updates to my current company)?
5.Any rejection on my h1b or anyRFE queries from USCIS,will it have any impact on my L1b status?
Thanks for all your assistance
Regards
KR
1. Yes. USCIS usually asks for a client letter when applying through consulting companies, and having the letter improves the chances of stamping. Final result isn’t impacted by the fact that it was filed w/ premium processing.
2. If H-1 is approved w/ COS then you need to work for H-1 employer from the approval date.
3. You can ask for experience letter etc from the L-1 employer, but it’s up to them to provide that or not. However, they should still provide you the payslips and W2 for the time you worked for them.
4. Your L-1 employer will not know about the H-1 processing.
5. Usually it doesn’t impact your L-1 status.
Hi Saurabh,
Currently I am working for company A on L1B visa which is going to expire(including I-94) in another 10 days. Company A has filed for L1 extension and also I filed H1B(COS) through employer B on september and received RFE.
The H1B RFE was not responded yet and I haven’t got any result for L1B extension as well.
Here are my questions,
1. If my H1B RFE is responded after my I-94 expired, are there any chances of H1B COS approval since it was filed when I had valid I-94?
2.What if my L1B extension gets approved after H1B approval? will I again be on L1 status and H1 is not valid anymore?
Thanks for your input on this.
1. That is correct. As H-1 was filed prior to I-94 expiration, your COS may get approved.
2. Yes, you will be on L-1 status. To go back to H-1 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 to work on H-1.
Hi Saurabh,
First of all Thanks for creating this blog and replying to all the queries..
I have a query regarding my L1B – H1B COS. Today on Nov 17th I saw the case status online and it is approved. It says – “On November 17, 2011, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER”
After this I got an email from my attorney which says as below:
=========================================================
The California Service Center has approved the followingI-129 Petition for Nonimmigrant Workerthat had been filed under the Premium Processing Program:
Receipt Number: WACxxxxxx
Petitioner: XXXX
Classification: H1B
Starting Validity Date: 11/16/11
Ending Validity Date: 06/23/14
Consulate notified (if applicable):
I-94 # (if applicable): XXXXXXXXX
The form I-797 Approval Notice will follow in the mail. Please note that this e-mail message is being sent as a courtesy and cannot be used as evidence of nonimmigrant status. Nor can this message be used as evidence to procure a nonimmigrant visa.
=========================================================
So My question now is whether my H1B Start date is 11/16/2011? Or will I get another start date in my I797 Documents which my attorney will receive in around 10 business days?
What date I should legally join the new employer? As today I got the approval notice within email, and I need to provide at least 3-4 days as notice period to my current employer so I cannot join new employer until next week (i.e. 28 Nov 2011) in this case will I be illegal as my H1B start date is 11/16/2011?
I called my attorney for the above query and he is saying as “that as you only got the email notice and you did not get the approval notice (which you will get in around 10 days) so you are not obligated to work for the new employer till then…its upto you when you want to join, if you want to join now then you can based on this email else you can also join once you will receive the notice through mail”
Please suggest me what should I do best.
Thanks
Amit
Your H-1 start date is 11/16. One is expected to join the new employer from the H-1 start date. If you continue to work for L-1 employer after that date, then this is something that can be questioned by the agency later in future. Based upon how many extra days you spent on L-1 and what your reasoning for the same is, USCIS may either buy it or not. If you have to give a week or two notice period to L-1 employer, then it would be better to resign now, so that you can complete your notice period by the time physical copy of 797 arrives. Attorneys are always more qualified to answer such questions than me.
Hi Saurabh,
Thanks for the reply.. I really apreciate it.
I am confused how can USCIS gives a prior H1B Start date (11/16) on 11/17 (today) and In such a case how will I give notice to my current employer?
1. will 797 copy has different start date?
2. is it ok if I can give notice to my current employer today?and in such case what leaving date I should provide as I dont know when my attorney will get 797 copy in mail?
3. As per the california laws, One can leave the company as per will (with 1 day notice or so), in this case am I still eligible to provide any notice period?
Thanks once again for your reply.
Thanks
Amit
1. They would probably have approved the petition on 11/16 and that is why it is the date.
2. Yes it should be fine. I think the date in approval notice would also be 11/16. You can give a date that you will appropriate but is not too out in future.
3. You are not required to serve notice period. But your L-1 employer can take you up on that in an Indian court (if they have policies around notice period).
Forgot to add. Talk to your attorney on what’s a comfortable date to join the H-1 employer. Basically you are looking for a “sweet spot” that doesn’t annoy L-1 employer and also doesn’t jeopardize your immigration status in future.
Hi Saurabh,
I received an electronic approval of H1B w/COS on Nov 3, 2011 but haven’t yet received the new I-94. How long does it take to reach us?
Thanks much.
Raj
Has the employer/attorney received the paper approval? The I-94, if it arrives, would be attached to that physical notice. Usually it takes 1-2 weeks for it to reach the employer/attorney.
Hi Saurabh,
I am not if the employer has received it. So typically it goes to employer/ or their attorney and then sent to the employees?
It is always sent to the employer or attorney (if one is involved). They can then mail those documents to you. USCIS doesn’t send any document to the employee directly.
Hi ,
I have a question on regarding my wife’s VISA status.
Here is the scenario’, My position is very urgent ..,
1. My wife was in L1B and company applied for L1B Extn , she got the RFE in the last september 2011 and company replied with response but the VISA is rejected in Nov 8th 2011. (Her i-94 was also expired in last june 4th 2011)
2. In parallel the same company applied for L1B to H1B conversion on Oct 19th in premium. And she got the RFE for H1B conversion on Nov 1st 2011.
3. So now since L1B is rejected does she need to depart from US immediately (L1B rejected on Nov 8th) (or)
Since her L1B to H1B conversion petition in progress , she can wait for 2 more weeks to see the approval ? Is it legal to stay in US when L1B got rejected and H1B conversion in progress with USCIS ?
it would be very helpful , if somebody throw some light on this scenario
Even though her H-1 might have been applied w/ COS but it was applied after her original I-94 expired. In that case, she should leave the US ASAP. She could have waited in US for H-1 approval if COS would have been applied timely (i.e. before I-94 expiration). You can talk to your attorney as well about this.
Thanks and thanks a lot for your reply Saurabh ..
yes ..,the COS was applied after i-94 expiration .
So since L1B was in pending with USCIS while ethey apply L1B to H1B conversion..Will she able to work immediately after she get the approval or she still needs to go out and come back . (FYI : L1->H1 they enabled the immediate automatic start option while applying)
It seems she will be getting H1B approval with in a week or two.
Since Nov 8 L1B was denied will that make sense she can wait 2 more weeks and look for the approval if she get it..then she don’t have to go out ?
She will be able to start working immediately only if USCIS approves her H-1 w/ COS. If the approval doesn’t come w/ any I-94 attached, then she will remain on L-1 (which has expire) and will have to get H-1 visa stamped in order to work on H-1.
Anytime that she spends in US after her L-1 rejection is risky. She may be questioned about the same in future (either during stamping or another petition processing). Based on her response, the officer would then either approve or deny her petition/stamp.
Hi Saurabh,
My Husband is on L1-B visa and we want to apply for H1-B “change of Status” .If we start the process today .How long it will take to get approval.
Once we get approval do we nee dto quite immediatly L1 Job ? and
Let’s say if we got denied and are we able to continue on L1- B ?
Please let me know.
Once the COS is approved, your status would be H-1 from the date mentioned in the approval notice. One needs to start working on H-1 from that date. If you want to continue working on L-1, then either start date should be mentioned in distant future (maximum 6 months in future) or not apply w/ COS or leave US and re-enter on L-1 visa to be on L-1.
In case H-1 gets denied, it will not impact existing L-1 visa unless USCIS determines that you falsified information (rejection due to employer/job etc doesn’t impact you).
Approval may take 2-6 months (normal processing) or 15 calendar days (premium processing). In case RFE is issued, it could take longer.
Thanks for your reply Saurabh ..will act accordingly ..
Hi ,
I got RFE on L1B to H1B because of SOW.
Can you please confirm , If i find any other employer and who can file new H1 for me . Previous L1B will be cancelled or new one will be cancelled till the deceision on first one .
Yes, another employer can file H-1 for you, but as quota is fast approaching you may not be able to make through this year. Denial of H-1 will not automatically cancel the L-1. The previous one will expire on its mentioned date unless extension is filed.
Hi There,
Am currently in INDIA having L1B visa expiring on 18-Jan-11. Now my employer is asking me to go USA by end of Nov’11. So Will they allow me @ POE level…bec’z i have only 45 days time before my visa expire..?
Thanks
One can travel into US even when visa stamp is valid only for 45 more days. You will be granted an I-94 based on your I-129 expiration date. Depending upon how soon or late it is expiring, your employer will have to file L-1 extension.
Hi
Thanks for your reply. Am also planning to take my wife along with me. As my L1B visa expires 18-Jan-2012, can it be any problem while L2 visa stamping for wife or any problem at port of entry level..?
Thanks
I think she can still get her L-2 visa stamped, but it will be valid only until your L-1 visa, unless you have an approved I-129 that goes beyond Jan 18.
Hi, – I am working in L1B visa and it is expiring in May 2012. Some other employer is filing my H1. The H1B is not approved yet. I want to travel to India .
1: What if My H1 is approved and I am in India ? Will it be a problem while coming to US ? Which visa will I come on ?
2: What if My H1 is approved when I am in US ? Later I go to India. Will it be a problem while coming to US ? Which visa will I come on ?
1. If you want to return and work on L-1, then you can use the existing L-1 visa stamp. If you want to return and work on H-1, then you will have to get H-1 visa stamped and then travel on that visa stamp.
2. Same as (1).
Saurabh,
I think I did not frame my question correctly.
I want to come back on L1 and then resign my existing compnay anf then join the company who sponsered my H1. Is that possible ?
I think if I file H1 then L1 become invalid ? Am I correct ?
In that case you can return on L-1 visa stamp, and then apply for COS from L-1 to H-1. Once COS is approved, you can start working for H-1 employer.
There are 2 things – visa stamp and visa status. When COS gets approved, the new visa status becomes valid and the old one becomes invalid (one can switch back and forth, as long as he is eligible for them). Visa stamp is what’s there in the passport and that doesn’t become invalid until it expires or is canceled. Does that clarify?
I am working on L1 visa. Some other employer is filing my H1. If my H1 gets rejected, can I continue on L1.
Yes, you can. L-1 wouldn’t be impacted unless USCIS finds that you have falsified documents. If H-1 is denied b/c of reasons related to employer/job etc, then it will not impact your L-1.
Hi – I am working in L1B visa and it is expiring in May 2012. My fiancee visa is ending in Feb 2013. What are the chances of staying in US without going back to India ?
1: Can I file H1 in 2012 quota ? Will I have to go back in May 2012 ?
2: How long does L2 process take ?
3: After L2 process, how long does the EAD process take ?
To all,
Is there any employer who can do my H1 this year in 2011 ? Please let me know I will share my email with you.
Adding to the above points: (Forgot to mention) – My I-94 date is Nov 2013. Visa expiry is May 2012.
1. It’s too late for FY-12. Only 3K petitions are left to be accepted and they will be gone this week. The employer can now file H-1 for you in FY-13. The earliest date to file is April 1, 2012 and earliest start date to work is Oct 1, 2012.
2. L-2 might take 2-3 months to process. However, only dependents can apply for L-2 and not fiancees.
3. I am not sure about EAD timelines, but it might take couple of months as well.
Hi,
I am currently in US working for a company, My L1-B (and i94) expired June 2011. So currently I am out of status; In between my company filed for L1-B extension for which I got a RFE and I need to respond till Dec 15th 2011, which I haven’t done till now, and at the same time my company also filed a H1-B for me on premium processing which got approved. So as of now I have a RFE on L1-B and H1-B approval.
The obvious thing is I cannot file a COS (as I am out of status) , right?
And it all depends on my L1-B extension, if rejected I will have to go back to India and get H1-B stamped. or if approved I can continue working and can file COS whenever needed. The questions I have are;
1. What if, if I withdraw L1-B extension? What is the procedure? How long can I stay after I withdraw petition for extension? Will it impact my H1-B visa stamping by any means?
I know I will have to travel back for H1-B stamping!
2. What if I respond to RFE and it’s rejected? will it impact my H1-B visa stamping by any means?
I know I will have to travel back for H1-B stamping!
Please suggest, all I want is to be sure that the rejection of L1-B extension should not impact my H1-B stamping, Also would like to know the process of withdrawal.
Do you know if your H-1 797 came along w/ an I-94 attached to the bottom of it or not. If there was no I-94, then your COS wasn’t approved, else it was and you are now on H-1. Following answers are based on assumption no I-94 came along w/ 797:
1. Your employer can submit the request to withdraw L-1 petition or not do anything and let it get denied on it’s own. You should leave US either by the time L-1 extension is withdrawn or RFE response date (depending upon what your employer decides to do). This will not impact H-1 stamping as long as you maintained legal status in US (which it seems you did).
2. It doesn’t
H-1 stamping would be impacted if it determined that you didn’t maintain legal status while you were in US on L-1. If the L-1 rejection was because of employer or job, then it wouldn’t impact H-1 stamping.
Thanks for your response Saurabh,
I am not sure of I-797 with i94 or not, as my employer is also waiting for I-797 from USCIS. But is it possible that I will get a new i94 (as my L1-B/I94 is already expired in June 2011)?
I think you missed my line “my L1-B/I94 is already expired in June 2011” while responding to my previous queries, please check again.
Thanks again.
Usually they don’t approve COS if I-94 has expired. However, it doesn’t hurt to see if USCIS made a mistake and overlooked your expired I-94 and approved the COS. That is why it’s better to see the 797 first before taking the next action. Your employer/attorney should receive the 797 within 1-2 weeks.
Yes, that can be tried and waited upon.
Any idea how much time USCIS takes to accept withdrawal?
So if a withdrawal is made, will the time I stayed in US after my i94(L1-B) be counted a illegal? will it impact H1-B stamping?
or will the time I stayed b/w i94 expiration and L1-extension denial be treated as illegal? will it impact H1-B stamping?
Thanks again.
I don’t know how much time USCIS would take to withdraw H-4 petition.
Even if withdrawal is made, her time spent on L-1 would still be counted as valid (until the date it is withdrawn). I don’t think it will effect H-1 stamping as you maintained legal status. Carry all the documentation related to it.
Hi,
I am presently on L1A working with company “A”. Can I use the same offer letter for applying for H1 through a consulting company? What are my chances of H1 approval. Would you recommend any consulting company who can apply for H1 of this type.
What do you mean by same offer letter?
H-1 employer needs to have a project/client for you at the time of H-1 filing. Chances of success depend upon your profile, your employer’s credentials and proposed H-1 job. Be very careful when filing through consulting companies as they are subject to additional scrutiny.
Hi ,
If i am applying for H1 .. And i am getting the H1 visa in this december..
is there any grace period for H1 visa (tht it will expire).
Even if i got the H1 visa .. i tht to work in L1 visa for another 6 months ..
Even though my H1 visa will be valid or not ..
Can u pls tell me is tht valid to wrk in L1b fro another 6 months even though i gto H1 visa .. will it cause any prblm for me while moving COS from L1B to H1 .. or will it cause any prbm while applying fro GC for me ..
Thnkz if u respond for me .
Are you currently in US on L-1? If yes, then the employer can file H-1 w/o COS and you can continue to work for L-1 even after H-1 gets approved. Once you decide to work on H-1, file COS from L-1 to H-1 and based on it’s approval start working on H-1.
As long as legal status is maintained in US, there shouldn’t be any issues when filing for GC.
Thnkz … very much .. Saurabh
Hi Saurabh,
My company has applied/filed for COS (L1b – H1B) on 10th Nov (premium processing). Please let me know when can I expect the receipt no & I have plans to travel in mid December for personal reasons.
Appreciate your opinion, is this OK to travel in mid-December & will I get my H1B approval by that time.
Thanks in advance.
-Raj
The employer/attorney should receive the receipt number within a week. The processing itself would take 15 calendar days (in case no RFE is issued). If everything goes fine, then your COS and petition can get approved prior to your visit. However, you will have to get H-1 visa stamped in your passport if you intend to return to US and work on H-1.
Hi,
The cap is currently about 51000. My employer is going to apply for H1 this week as Regular so I guess I will be under the cap for this year. But as I understand the cap figure indicates the number of applications pending or approved which means that USCIS will accept more than 65000 applications this year. In that case will there be a lottery system if the number of applications are over-loaded by 65K at one point or will it be a first in first out scenario wherein if there are 65k applications approved they will trash the rest.
If there is going to be a lottery system it would be benefical to apply in premium so that the visa is applied and approved before the cap is over.
Could you please suggest.
Thanks,
Akash
USCIS would conduct random selection of petitions (aka lottery) only if the petitions received on a particular day make it go over 65K.
For example,
Count on 30Nov: 65K
Count on 1st Dec: 68K
USCIS randomly selects 1K petitions from the 3 petitions that were received on 1st Dec. Petitions that were received prior to 1st Dec are all assumed to have made through the cap. This doesn’t change irrespective of whether your petition was filed as premium or non-premium.
Hi Sourabh,
Thanks for the above comment. Just happened to read the below on the USCIS website:
The current annual cap on the H-1B category is 65,000. Not all H-1B nonimmigrants are subject to this annual cap. Please note that up to 6,800 visas are set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year.
Does this mean that only 58K out out 65K are available under this years cap out of which 56K have already been used. Can you please clarify on the above.
Yes, they keep aside 6800 for H1B1 category. But any unused H1B1 numbers from last year are added to this year’s count. Historically, this category is underutilized and USCIS ends up accepting pretty close to 65K petitions.
Saurabh,
My visa is expiring on 27th Nov. My company filed petition and i got RFE on 8th Nov. I want to go to India for my brother’s wedding. How long it will take for petition approval. My company haven’t replied to RFE yet. Is it a risk to go to India while petition is still not approved. I am confused. Please advice.
Thanks,
Amol.
Forgot to mention, its L1-B visa.
There are following risks involved w/ your travel:
1. If your visa stamp expires before you return to US, then you need to go for L-1 stamping and for that petition needs to be approved.
2. If your visa stamp doesn’t expire, you would still need an unexpired petition while returning to US.
So it’s best to have the petition approved by the time you go for stamping and/or return to US. You have the option of upgrading it to premium processing, so that USCIS would adjudicate it within 15 calendar days. Under normal processing, it make take 2 months or more to process.
Thanks Saurabh. My visa is also expiring on same date. i.e. 27th Nov. I have received RFE in my petition. We haven’t replied to RFE yet. How long will it take for the petition to get approved.
You have the option of upgrading it to premium processing, so that USCIS would adjudicate it within 15 calendar days. Under normal processing, it make take 2 months or more to process.
Hi,
First I would like to appreciate your efforts in helping people on the immigration questions. I need your help a bit on my current situation.
I am currently on L1B Visa valid till Nov 2012. I got job offer from another company A and vendor B is sponsoring H1B with premium processing. My vendor says that I can start working for the company A as soon as he gets me the H1B receipt number. I am confused if I should wait till I get my H1B approved or I am legally eligible to start working for company A with receipt number. If I should wait for H1B approval please suggest the expected time that it might take this year.
Thanks
You need to wait until COS is approved before working on H-1. One can work on the basis of receipt only if your current status is H-1, else COS needs to be filed and be approved before working on H-1.
Hi Saurabh,
Would like to get your opinion on the below situation, please let me know if it is possible.
Say Company A files H1 for a person, and he gets the receipt number and yet to attend the interview from India. If he already has B1 visa, Can he travel to US using B1 and start working in the US with the approved h1 petition?
One cannot enter US on B-1 and immediately start working on H-1. What needs to happen is you will have to file COS from B-1 to H-1 and once it is approved, start working on H-1. However, entering US on B-1 just to apply COS to move to H-1 is misuse of B-1 visa, and if USCIS determines the same, they would deny the COS.
Hi Saurabh,
Once again I need some guidance. Situation is like this:
Employer A has applied for my H1B for end client D. Now this project A got through mid vendor B which in turn got through an IT company C who works for end client D.
Now I’ve got an RFE on my application submitted through A and they have replied to it. But now company C is asking me to join them and they will process my H1B application.
I have the signed the non-competition clause mentioned in the offer letter from A which restricts me from joining Company C. But as far as my understanding it came into effect only when I became their employee which is not the condition right now.
If suppose company C apply for me and their application got approved and i joined them and immediately after that if Company V application also got approved then who will be my final employer and in that case does it break that clause.
Thanks,
Peeyush
This can get tricky. The documents I have seen over the years state that you cannot join companies you are introduced to or brought in touch w/ through A. So that would cover all B, C and D. Get the document evaluated by a knowledgeable attorney before proceeding.
Thanks Saurabh. But since A has no contacts with C and also I’m not currently employed with A. They have applied for my H1B visa by mentioning end client as D. Also if USCIS will approve the petition for both of them then will it cause any problem if I didn’t join employer A at that time and will be employed to C.
Please correct me if I’m going in wrong direction.
This is your thinking. A may have a different thinking and argument. That is why I said it’s best to run through an attorney to know what the court’s understanding would be (in case it reaches that stage). Because that’s what matters.
Hi Saurabh,
My L1- B and I-94 is going to expires on 11/11/2011 and applied for extension and got RFE, I have to respond my RFE by December 23rd.
My manager is informed me to apply for HI-B. My questions are as below:
1. Do I need to apply for fresh H1-B with in 11/11/11 ?
2. If I apply after 11/11/11 is that is acceptable ?
Please advise,its urgent.
Thank you so much for your help.
If you want your H-1 to be approved w/ COS, then it should be filed prior to I-94 expiration date. It can still be filed after I-94 expires, but chances of COS approval are low in that case (H-1 may still get approved but w/o COS).
Hi Saurabh,
I have a question, currently I am working on L1B via company A. I have applied for H1B through a consultant, and now my H1B is on RFE. My Concultant would be submitting the RFE documents in another two weeks. In the mean time due to rotation policy in company A, I had to go India by Jan and I think before I get to know the H1 status I would be travelling back to India. My question here is what if my H1B gets approved when I am in India and still working with Company A? Can I go for stammping if my consultant provides me a client letter?
Thanks.
When a person leaves US w/ H-1 petition pending, USCIS abandons the COS. Your H-1 would still be processed and can be approved. You can then go for H-1 stamping later carrying the approved petition and all other relevant documents.
Hello Saurabh,
Got some queries, and sure you can help me find the best answer. I was on L1-A and got transferred to H1-B effective this Oct 1st. Subsequently my wife’s status changed from L2 to H4.
Now my wife plans to visit India for a couple of months. Now my queries are as below.
1. Do you foresee any issues, when my wife goes to the US Embassy in India to get her H4 stamped based on the approval, wherein I still do not have a valid H1-B stamp on my passport?
2. I would just have the last 2 months paycheck with me with the new org, since she’s planning to take her interview this month end. Also I would not have any W2 from my current employer since I am just 2 months old in the organisation. Will the VO require at least 6 months pay stubs or will the latest 2 months pay stubs suffice?
3. I will provide her with all my documentations including the employer’s letter. Do I also need to provide a client letter, since I work as a consultant for a client company. Are there chances that the VO might ask to see the client letter even for H4 visa, while I am already in US?
Thanks for help in advance.
Regards,
Dickey
1. Should be ok as long as she carries all the necessary documents.
2. That is ok. She can carry those H-1 payslips and last few L-1 payslips to show you always maintained legal status in US.
3. Yes, she should carry all those as well. These days they ask for all sort of documentation even when appearing for H-4 interview.
I came to US on L1 last year. My assignment ended in September. Currently I have taken vacation (using my accumulated leaves) and staying with my wife who is on H1 till end of November. Now I have got an offer where they will be filing for change of status from L1 to H1 next week. But I don’t have my current payslip in US, as my last payslip was dated September 30th. Will this be an issue for my change of status from L1 to H1. Can I give my Indian payslip, as per company records I got converted to Indian payroll from October 1st.
You might be able to get COS if you are on permitted vacation. Submit the payslips until September and letter from employer approving your vacation. However, if USCIS feels something suspicious they may not buy that and ask for US payslips for the month of Oct. Consult an immigration lawyer to frame your response to this situation.
Hi Saurabh,
I applied for my L1- B extension under regular process and got REF,I have to submit my answers by Dec 3rd week.
I would like to know since it is a regular process usually How many days does USCIS take to reply once RFE response has been sent. ( Is it in December it self can I get my result ??)
Thanks in Advance.
They usually mention 60 days as the processing time for RFE responses. However, I have seen cases where it has taken even longer.
Hi, I have come to US on L1b in Feb 2009 and have been working until oct 2011…As i have applied for H1B and COS, it has been approved from Oct 1 2011 ..I have started working from Oct1 on H1…Now my wife has gone to india…She is going for Visa Stamping for H4. Hence, please let me know what are the challenges as she is getting her visa changed from L2 to H4. Hence, how many pay stubs need to be sent and when is the ideal time to attend visa. The current company which i am working for is a small size company having around 50 consultants and a reputed client in west coast.
She needs to carry your last 3 month payslips (this would include H-1 payslips for Oct, Nov and L-1 payslips for Sep, and may be Aug). She should also carry additional documents related to your work (client/project information, SOW etc). These days H-4 visa applicant should consider the interview as seriously as H-1 applicant and should carry all the documents H-1 interviewee would have carried.
Hi Saurabh,
Thanks for your reply. In fact, i would also like to know, if my H1 stamping is necessary for her H4 Stamping. Is it sufficient enough to send the above mentioned documents. As i have told you, i have moved from L1 to H1 recently from oct 2011 and have not moved out of the country. Hence Please advice, as i am getting different opinions, as the US embassy hyderabad, states to submit the documents beforehand which involves a comment stating Current Visa. Please reply me back at your earliest convenience.
Regards,
Kaushik
H-1 stamping is not a pre-requisite for H-4 stamping.
Hi saurabh,
Thanks a lot for your reply. One more thing, in the VFS site, for Hyderabad, we need to submit the documents prior to visa date only. As per the list of documents, we have a comment saying “if you are applying for H4, then provide the principal applicant’s I-797 and Visa” . Hence, please advice which visa to be submitted?
Regards,
Shekhar
You need to submit copy of his 797 and his visa (that he is used to enter US, which may be different from H-1). Copy of 797 would have I-94 as well showing that his status has now changed from old status to H-1.
Hi Saurabh,
I am on H1 visa and have got another offer. I want to take up this new offer as it offers me a good growth.
My problem is my company policy states that I cannot resign at onsite and need to come back to India to serve a notice period of 2 months. If I fail to do so, they would not issue me relieving and experience certificates and also not accept my resignation (as per the US offer letter – I can leave the company by giving 2 weeks notice).
My question is can a company do this in US?
Also, I think I would need these letters for GC processing.
Can you please let me know what I should do?
Regards,
Karan
Usually in US, one can leave the employer at any point. However, it’s always a good idea to get the letter reviewed by a labor lawyer both in US and India to ensure you have all bases covered. Even if you leave them as per US letter, they can still take you up on the Indian offer letter.
Depending upon one’s case, experience letters may be required during GC filing. At that point, again depending upon your case lawyer/USCIS may accept experience letters issued by colleagues. You will never know until your GC is filed and you talk to the attorney who tells you what would work in your case.
Hi Saurabh
I have few questions regarding my L1-B to H1-B COS .
My Current employer has filed my case on Oct 27th 2011 under premium processing ,
( L1 is valid till Aug 2012, the reason for putting the case to premium is we do not wanted to take any risk of not travelling back to India until the case is pending)
RFE has been sent on Nov 4th 2011, my questions are :
>Usually How many days does USCIS take to reply once RFE response has been sent.
>As case is filed under premium,do they treat the case in similar manner even after RFE response is sent back to them.
> are there any chances of rejection of L1 Visa too in this case.
Thanks in advance.
1. They would adjudicate it within 15 calendar days as it is filed w/ PP.
2. Yes
3. Yes, depending upon how satisfied USCIS is w/ the response.
hi saurabh,
i am currently on L1B. i have got employer who is telling they can get me approved for H 1b. i want to understand seek your advise what all the things or hurdles i would face from current employer to move to new h1b employer after i get approval.
my emploer also states that they can terminate the employment without any notice or move me back to india in my letter.
what is your advise and i would be thankfull for your help
When you are working on L-1 then the employer can take actions against you at two places – here in US, and back in the home country. You will have to see what their policies here and how much of it can be enforced here in US and elsewhere. Usually bonded labor is not permitted in US, which means your employer cannot force you to work for them. Once your COS is approved, you can start working for H-1 employer legally (L-1 employer cannot force you to go to home country). However, they can still sue you for loss of notice period, breach of contract etc either here on in your home country. It would be better to know the policies, and get it reviewed by a labor lawyer both here and in your home country.
Hi saurabh,
i am very thankfull to you as you are responding to my queries.
my employer says, the employment in us can be terminated by me and from them without any propi notice.
does this means is there any bonding or employer can take any actions.
If I understand correctly from your comment, then the document says that employment can be terminated either by the employer or the employee at any point. In this case there is no bonded labor. It means one can break the employment relationship at any time.
Look for the queries and their reply I have asked below. You will get some idea about what all hurdles you might face. However, I will summarize the same here and give additional information that might help you.
1) If you are bound to serve a notice period then you won’t be able to if your validity date on the new I-94 is before you can complete you notice period. If that happens you won’t get your experience letter. In that case I would suggest you should ask the lawyer to mention your start date as follows – Date of application + 20 days (assuming your case will be premium processed) + Number of days of notice you have to serve + Some buffer days if you want to. That way you will have ample amount of time to serve your notice and secure your experience certificate.
2) Keep in mind that an RFE (I believe it means Request For Evidence) might be raised if some document is missing. That would take up additional time depending on what type of RFE it is.
3) Lawyers are not always good at that work. They are busy and they might make mistakes. In my friends case he collected my friend’s pay stubs in August and applied for his visa in October. That led to an RFE, asking for recent pay stubs. That wasted additional 3 to 5 days. So you should make sure that the lawyer has all the latest documents.
4) If you haven’t studied in the US. You will need your education evaluation in order for your visa application to go through. The lawyer might do that for you but add 5-10 days for the same. You can also get that on your own but it is not necessary, let the lawyer take care of the same. Secondly, make sure you have a degree from a recognized university else you won’t get your education evaluation. However, if you have at least 12 yrs and 10 ms experience then you need not worry. Less experience might also work but in that case discuss this with the evaluation company. I have some vague idea that 9 years experience + a engineering degree from a non recognized university also helps get the evaluation. I have mentioned this point here because since 2004 the evaluation companies stopped issuing evaluation for some universities in India (where I am from). Even though I passed in 2001, I wasn’t awarded an evaluation but my experience covered it.
5) You should have all your experience letters ready for submission. Electronic copies (scanned copied) are good. You do not need originals. Same goes for your degree certificate and pay stubs etc.
6) Your passport should not expire in near future, like 6 months or a year.
7) If you are married, make sure you get your spouse’s SSN before your H1 is done. You should get the SSN in 1o0 days. In the application form make sure you check the box “Alien allowed to work”. I have done the same for my wife and she does not have an EAD either. It is just that the L2 status is sufficient to get the SSN. And note that it was my lawyer who told me all this so this information is authentic. In 2007 my wife was denied the SSN but the SSA officers aren’t knowledgeable and they don’t guide well. That was the problem. But now I got my wife’s SSN before my H1 was done. Note that SSN does not in itself grant permission to work. Your spouse won’t be able to work on H4 but having the SSN is always good.
8) Don’t plan to go out of US anytime soon. Works of at least six months, gather some pay stubs from the new employer and then make any plans. Keep in mind, recently my visas are rejected by the consular abroad. This is basically attacking the employers who misuse visas. So, according to me, its a risk to go out of US as that might create problems in getting your visa stamp. For those unaware guys, getting an H1 through change of status does not mean you have got the visa. If you go out of US, you will have to get the visa stamp to come back. And you can be denied that visa.
In all regards go in for L1 to H1 change of status. Don’t worry about anything, leave it to your luck, take risk and you might be rewarded as many others are. And note that currently USCIS has restricted talent inflow by rejecting many visas abroad and this has led to US companies to go for L1 to H1 change of status at mass to procure talents that is in US right now. So take full advantage of the situation. Things will work out for you for sure.
Hi Saurabh,
I received an email from USCIS informing me of approval of my H1-B COS. However, I noticed that there’s a typo in my I-94# in the email they sent. If that a major issue? Can it changed without any problems and without impacting anything?
Thanks a lot!
Raj
Wait for the physical copy to arrive. If it has the right I-94# then then all is well, else you should follow-up to ensure that your status has changed and by mistake USCIS didn’t change status of another alien.
Oh! I didn’t know that’s also a possibility. However, there’s a change in only one digit..e.g. Instead of 12345678 it is 12445678.
But what if the COS has happened and only the I-94# number is incorrect. Is there an issue then?
I will have to ask my employer to get that corrected since their attorneys had filed H1-B.
Thanks much Saurabh.
If all the other information in the new I-94 is correct (name, DOB etc), then chances are USCIS updated your status in their records. However, I-94 is the unique identifier and it is always important to confirm that they did update your number only.
You can ask your attorney what their opinion is. If they feel that it’s trivial, then you can ignore it; else they can follow-up to get it corrected.
I have got L1 to H1 transferred via change of status. Haven’t yet received my I-94 (or any other physical documents). It’s probably on the way to my H1 petitioner. They will then copy the same and send the original to me. The electronic copy of the approval notice, that the lawyer forwarded me, shows the validity as 10/24/2011 (I am writing this on 11/4/2011). I am assuming it would be the same on the I-94. My L1 employer’s HR representative says that their lawyers say that as soon as I submit my I-94, they will have to abruptly terminate me in the system (including payroll and stuff) because the validity date is in the past. As result I won’t be able to serve their notice period (4 weeks) and wouldn’t get the experience certificate. But will get the relieving letter.
1) I do not know of any USCIS law that states I cannot continue for my L1 employer as soon as I get my I-94 with validity date in the past. Have tried hard to find such a law but haven’t come across anything. Does anybody know of such a law? Or at least a law that states that it is okay to continue with the L1 employer for a few weeks beyond the H1 validity date? Something like a grace period? I came across 20 CFR 655.731(c)(6)(ii) clause but it merely talks about how soon should the H1 petitioner start paying the H1 beneficiary and a guy (probably a lawyer) has linked it to a 30/60 grace period which I find a bit doubtful. Thus I am specifically looking for a law established by USCIS.
2) Does having only the relieving letter and not the experience certificate create any problems in future like visa stamping or something?
3) If USCIS does not allow the L1 employer to continue my employment and as a result does not allow me to serve any notice period then without any fault of mine if the L1 employer denies me the experience certificate then is it legal on part of the L1 employer?
If anybody has gone through a similar situation then do share the knowledge.
1. Once COS is approved, a person’s status in US becomes the new approved status from the date mentioned in I-94. So your L-1 employer is correct in stating that you will have to stop working for them.
2. It wouldn’t impact stamping as you would have relieving letter and payslips. However, if you apply for Green Card in future, you may be asked to submit relevant experience letters from the past employer. At that point, you will have to get that letter from L-1 employer in the set format.
3. Employers are not legally bound to issue experience letters.
Follow up on your reply…
1) If I get my documents, including I-94, by the time my notice period ends then it should allow me to serve the notice period as well as switch to the H1 employer without any problems. Isn’t it?
2) I am not worried about GC yet. However, since you have raised the topic my argument is that the L1 employer’s appointment letter + confirmation letter + relieving letter should be as good as an experience certificate. Would that still be a problem at the time of GC? Secondly, if the L1 employer is adamant about releasing my experience certificate without me serving the notice period then I do not think they would give me that certificate few years down the line, when required for GC. Isn’t it?
1. The status change happens on the day mentioned in the notice, and doesn’t depend upon when you or employer receives it. There is little gray area where people have worked for 1-2 weeks more for L-1 employer after COS approval and then moved to H-1 employer. If USCIS never questions about the period, then all is well; else you will have to explain why you continued working for L-1 employer.
2. Experience letters for GC are not the usual letters. They need to be in specific format that matches your skillset to the GC job. For example, if your GC job requires 5 years of Java experience, then you need to have experience letters which mention java experience and sum total of them should at least be 5 years. Depending upon lawyer and your case, they also accept experience letters issued by colleagues etc.
That point about experience letters from colleagues is interesting. I can surely get that now.
Thanks for sharing your knowledge.
And BTW my L1 employer’s HR representative said that unless I do not submit my I-94, I am good to continue and as such I am 1 week through my notice period. I am praying that I get my I-94 a little late so that I submit it late, around the end of my notice period and get to serve the notice period and help my get my experience letter.
To me it looks like they want to save themselves in case they are questioned in future. They can say they let you go the day they came to know about I-94, and it was your responsibility to let them know earlier. By that analogy, if someone doesn’t submit the I-94 employer for 1 year, then that person should be allowed to work for L-1 employer for that 1 year. Doesn’t sound right.
Hi,
I need your help regarding my visa status and re-entry into US from my home country (India). I joined an Indian IT company in Nov 2006 in Mumbai and got B1/B2 visa for US in Mar 2007 for a 10 year validity (good till Mar 2017). In Mar 2010, the company promoted me to manage client relations in US and I entered US thru L1A visa in Apr2010 (for 3 years, good till Mar 2013). Last month, I was asked to join back in Mumbai and I came back to India. My deputation to US ended and am now an Indian employee of the same company in Mumbai.
My question is:
1. Can I travel on my B1/B2 visa to US for 2 weeks (carrying my return ticket) to meet my friends and relatives?
2. Would my B1/B2 be still valid as per US consulate records even if they issued me an L1A visa in Mar 2010? In nutshell, Could there be a possibility that when my L1 is active, my B2 is also good? There is no cancellation on my B1/B2 visa stamped on my passport.
Would appreciate your early response
Regards
JASO
1. You should be able to do that.
2. If they have not canceled the B-1/2 visa stamp, then it’s still valid for travel.
Hi Saurabh,
I am on L2 visa which is valid till march2012. however, I have got H1b approved on 20th Oct.
Before switching to H1b I want to visit India as there might be a problem regarding stamping.
My employer didnt inform me about w/COS condition . So I guess my status has been automatically.
I need to visit India as it’s been almost 3 yrs and might not able to go for another 2 yrs if I cant make it this time.
Can I use l2 to enter back to US and then switch to H1? or what are the possible options for me in this situation.
Thanks in advance,
Priya Goel
First thing you need to do is find out whether it was approved w/ COS or w/o COS. Knowing this would help you in preparing yourself for possible interview questions. If you are already on H-1, then you may be asked about H-1 payslips. Has your employer started paying you on H-1? If you are still on L-2, then it’s fine.
Yes, it’s an option to return back on L-2 visa (you will have to go for L-2 visa stamping if that has expired) and once in US apply for COS from L-2 to H-1. The other option is to go for H-1 stamping and then enter US on H-1 visa stamp and immediately start working on H-1. But the most important thing is to have payslips if your status is already H-1.
Thank you for the prompt reply Sourabh. i checked with my employer, my H1 was approved with COS and will be getting H1 pay slip from this month and I will have minimum 2 H1 payslips while coming back from India(assuming i will be going to India in Dec).
However, my employer is not recommending me to go for H1 stamping now due to obvious reasons.
Though I am on H1 now, Is it possible for me to enter back to US on L2 (as its valid till march 2012) and again apply for COS to H1?
Regards,
Priya
If your husband is still maintaining his H-1, then you can return on L-2 and then file for COS from L-2 to H-1.
Thank you sooo much Saurabh!!!!! just one last question- since i have a back up of L2, can i go for h1b stamping when i visit India? Worst case, if they is any issue abt it, I can always get back on L2, and if it gets through, I need not worry about stamping for next 3 yrs…is that possible?
Thanks once again for your time and efforts..It means alot to people like us.
Regards,
Priya
You can try that as well. However, the only thing to watch out for is cancelation of L-2 visa stamp. In some cases, VO may decide to cancel your L-2 visa stamp when you go for H-1 interview, and do that even before approving your H-1. Talk your H-1 attorney on what’s the probability of such a situation as then you will be left w/o both H-1 and L-2 visa stamps (chances of this are low, but not 0).
OMG!! Scary but still tempting..I shall talk to my H1 attorney . Hope it works out fine. Thank you soooo much Saurabh.
Regards,
Hasana
Hi Saurabh, I am in the similar situation as well. I want to go out & enter back to US with L2 , even in this case I need to use the new i94 that was approved with H1b right? and while getting back do I need to present the counterfoil of the new i94? will there be any questions asked ?about why I am not entering as H1b or not got it stamped, even though it is approved.
Thanks,
Sahana
Sahana,
I assume you are currently on H-1, and want to return on L-2. If you are traveling outside US, then you need to drop the I-94 (the one in passport and the one that came w/ 797) at the airport. While returning, you will show your L-2 visa stamp and the PoE officer will issue a new I-94 to you (this will keep you on L-2 status after to enter US).
Does that answer your question?
Yes, it did answer my questions. Thank you.
hi,
I am currently on L1b and applying for H1 in-house project.wht sort RFE will i have ? and want to know is tht legal to stay back in L1 after the approval of the H1 in house project.
how safe it is to apply with in-house?
With in-house project, they can ask about the product details, market response etc. They can also question how your skillset matches the job requirements (if that isn’t too evident). Will you be really working in an in-house project or is it just for filing purposes?
I am not sure what you mean by in-house. I am guessing that your current employer is converting your L1 to H1. If that is the case, things should go smoothly.
As soon as the petition gets approved, your status is changed and you are no longer on the L1 status but on H1 status. You will receive a new I-94 with new validity dates.
If another company is applying for your H1, as soon as it is approved, technically you can no longer work for the current employer. If you have some stupid notice period like 1+ month, just forget about it. As soon as you produce your new I-94 to your current employer, they are legally bound to terminate your employment. They might not give you your experience letter but should give you your relieving letter. You can easily join the new company in 2 weeks.
Hi
I am in L1B. But in Aug 2011, my employer asked me to leave to India.
I stayed here because my wife’s h1 was filled and now it got approved.
Now, I have also got an employer and they have filled my h1 this week in PP.
But I do not have the Sep and Oct payslips. Orther than that I have everything correct. And also my L1 is not cancelled by my employer till now.
Will this be an RFE or will I get it approved w/o COS?
Please le tme know your thoughts on this.
There might be an RFE asking for Sep/Oct payslips.
Hi,
my Company filed L1B Extn and received RFE which is due to submit by Dec 2012.
L1 Visa & I-94 expires in 12 days.
Now my company is planning to file H1 in premium before expiry date. For getting successful Change Of status, is it enough to submit petition before I-94 expiry or do we need to have valid I-94 by the time H1 petition gets approved.
For successful COS, I-94 needs to be valid at the time petition is filed.
Saurabh,
My company filing H1 in PP today, and mostly get result within 15 days. As i mentioned L1 RFE is due till Dec 2011. Now my questions are
what is my status after L1 I-94 expiry date ( getting expired in 4 days) till H1 w COS approval ??
Can i work & stay in US till my H1 approval ?? (FYI my L1 & H1 employer are same)
You can continue to stay and work on L-1 based on your pending L-1 extension. Once H-1 gets approved w/ COS, you will have to work on H-1. In case H-1 gets denied (or COS is denied), then you need to get L-1 extended or go out of country get H-1 stamped (in case H-1 was approved w/o COS) and enter US on that visa stamp to work on H-1.
Saurabh,
Thanks for all your replies in past. they are really helpful.
As mentioned before got RFE on L1 and then filed my My L1 to H1 in PP and it is approved with COS. Today I got approval notice with I-94 attached in bottom. New I-94 has H1 start date mentioned as Nov 22nd and my L1-I94 expired on Nov 10. So now when we withdraw L1 petition, what will be my status for those 12days. Will that create any issue in future. Please reply.
You will be considered in authorized status (it is called something similar but I don’t remember the exact name) as your L-1 extension was filed timely.