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Is it possible to move to L1 to H1 in April'13 and a new organisation?

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  • Is it possible to move to L1 to H1 in April'13 and a new organisation?

    Hi,

    Not sure whether these questions are answered in the past but looking for the right guidance. I am presently on long term transfer to the client place from an Indian company on L1 blanket VISA. I see a lot of job opportunities with better wages here for the technology I am working. But, I would have to have H1 and wondering when could be done for 2013 batch. People say that it’s easy and call it as L1 to H1 conversion.



    1.So, if any US company is interested to hire me, when should they have to start the process?
    2. My client is willing to offer a job. But for some valid reasons, they are delaying. I really don’t want to force them, so I would like to wait as long as possible. But how long I can wait before I insist them to start working on this?
    3.Are there any links which would give detailed information on this process(such as document and other stuffs required for L1 to H1)?



    I just want to make sure that I am talking all about 2013. Thanks so much for going through my concerns.



    Regards,

    Manu

  • #2
    Originally posted by manuv313 View Post
    Hi,

    Not sure whether these questions are answered in the past but looking for the right guidance. I am presently on long term transfer to the client place from an Indian company on L1 blanket VISA. I see a lot of job opportunities with better wages here for the technology I am working. But, I would have to have H1 and wondering when could be done for 2013 batch. People say that it’s easy and call it as L1 to H1 conversion.



    1.So, if any US company is interested to hire me, when should they have to start the process?
    2. My client is willing to offer a job. But for some valid reasons, they are delaying. I really don’t want to force them, so I would like to wait as long as possible. But how long I can wait before I insist them to start working on this?
    3.Are there any links which would give detailed information on this process(such as document and other stuffs required for L1 to H1)?



    I just want to make sure that I am talking all about 2013. Thanks so much for going through my concerns.



    Regards,

    Manu
    Till when is your L1 and associated I-94 valid?

    If you never had an H1 in last 6 Years, a fresh H1 would petition have to be file and it can only be filed in April 2013, and the start date of that H1 can only be 01-Oct-2013 or later. This is also called as the 2014 Cap as it will be for fiscal Year 2014.

    1. The document collection and preparation can be started anytime, but if you want to be ahead of the curve, the processing and discussion with lawyer, education evaluation etc should start much earlier so that when the H1 Cap opens up on 01-April 2013 your application reaches early.
    2. No one can predict when the H1 cap will be filled. There are 20 K H1 reserved for "advanced degree" holders, that is those who have done Masters from US and 65K for others. If you delay a lot and the cap gets filled the next cap will open only in April 2014 and the start date will only be Oct 2014.

    If you have a valid L1 associated I-94 till at least the start date of H1 i.e. 01-Oct-2013 or later, then you can file a COS (Change of Status) from L1 to H1 which if approved will allow you to work with the H1 employer without you going out of US for H1 stamping. Also, if and when your COS is approved you can and should work only with the employer who has filed your H1 you can no longer work with the L1 employer, unless you leave US and re enter on a valid L1.

    There are numerous posts in this forum dealing with L1 to H1 conversions you can read around for more details.

    This is my opinion not legal advice.

    Comment


    • #3
      Thanks so much for your advice.

      My L1 and I94 is valid till 2015 so that I don't need to go for H1 stamping. Does the COS also takes the same time(Oct). My new employer is willing to take me as early as possible and I would like to join them in Apr-Mar'14. Is it possible?

      Comment


      • #4
        Originally posted by manuv313 View Post
        Thanks so much for your advice.

        My L1 and I94 is valid till 2015 so that I don't need to go for H1 stamping. Does the COS also takes the same time(Oct). My new employer is willing to take me as early as possible and I would like to join them in Apr-Mar'14. Is it possible?
        A new H1 will start only from 01-Oct-2013 or later only. Though it might be possible to apply for COS on 01 April 2013, one can have the start date of max 6 Months in future so if you apply for L1 to H1 COS on 01-April 2013, the start date can be 01-Oct-2013 and from 01-Oct-2013 you should work only with the H1 employer. Also if you want to join the new employer in Apr- Mar 2014 you can and should apply for H1 in Oct-Nov 2013, but I doubt the Cap will be open till that time. if you dotn want to join in Oct 2013 and want to delay till April 2014, it might only be possibel if you apply H1 as Consular processing, which will require you to leave US get H1 stamped and return on H1. Talk to your lawyers about the timing of the H1 application.

        This is my opinion not legal advice.

        Comment


        • #5
          I was under the impression that there is a premium process and the process can be completed pretty soon(may be by May'
          13).
          I would need to go back to India to resign and here is what I am willing to do. Please let me know if I am right here.

          "Work for A(L1 sponsor) till my COS get approved which could be in Oct'13. Go back to India and resign A and get H1 stamped(L1 to H1 COS) and comeback and start working for company B(H1 sponsor). Unfortunately I must have to go back to India to resign and not possible remotely.

          Are there any better ideas because the new employers may not like waiting for me like this. But looks like no way out, if yes please let me know.

          Thanks so much for all these. They are really helpful!
          Last edited by manuv313; 12-11-2012, 01:58 PM.

          Comment


          • #6
            Originally posted by manuv313 View Post
            I was under the impression that there is a premium process and the process can be completed pretty soon(may be by May'
            13).
            I would need to go back to India to resign and here is what I am willing to do. Please let me know if I am right here.

            "Work for A(L1 sponsor) till my COS get approved which could be in Oct'13. Go back to India and resign A and get H1 stamped(L1 to H1 COS) and comeback and start working for company B(H1 sponsor). Unfortunately I must have to go back to India to resign and not possible remotely.

            Are there any better ideas because the new employers may not like waiting for me like this. But looks like no way out, if yes please let me know.

            Thanks so much for all these. They are really helpful!
            Premium processing will only speed up the decision making by USCIS so instead of gettign decision on approval whether H1 approved or denied in October/Novenber 2013 or later, you might get the decision by May June 2013. But the H1 start date will only be 01-Oct-2013 or later. I would suggest you to get H1 filed under premium, if approved, work till September End on L1. Leave US before H1 start date, go to India, attend H1 stamping, resing from the current company only after H1 stamping approved, serve the required notice period and then travel to US on the approved H1. If H1 denied while in US or during stamping you can continue working on L1 if in US or you can return to US on L1 if H1 stamping denied (provided they dont cancel your L1 during H1 stamping).

            This is my opinion not legal advice.

            Comment


            • #7
              Originally posted by raghvi View Post
              Premium processing will only speed up the decision making by USCIS so instead of gettign decision on approval whether H1 approved or denied in October/Novenber 2013 or later, you might get the decision by May June 2013. But the H1 start date will only be 01-Oct-2013 or later. I would suggest you to get H1 filed under premium, if approved, work till September End on L1. Leave US before H1 start date, go to India, attend H1 stamping, resing from the current company only after H1 stamping approved, serve the required notice period and then travel to US on the approved H1. If H1 denied while in US or during stamping you can continue working on L1 if in US or you can return to US on L1 if H1 stamping denied (provided they dont cancel your L1 during H1 stamping).

              This is my opinion not legal advice.
              >>I would suggest you to get H1 filed under premium
              I hope you are saying COS.


              Which one is better?
              COS or fresh H1.

              >>you can return to US on L1 if H1 stamping denied (provided they dont cancel your L1 during H1 stamping).
              That's a news to me....

              Comment


              • #8
                Originally posted by manuv313 View Post
                >>I would suggest you to get H1 filed under premium
                I hope you are saying COS.


                Which one is better?
                COS or fresh H1.

                >>you can return to US on L1 if H1 stamping denied (provided they dont cancel your L1 during H1 stamping).
                That's a news to me....
                COS is filed when oen wants to change ones Immigrant status while in US without leaving US. Technically you dont need COS as you are planning to leave US to resign and get H1 stamped abroad so you dont need a Change of Status from L1 to H1. Once you are outside US you dont have a immigrant status hence no need for COS. So you might as well apply in consular processing. I suggested COS just in case you decided not to leave US and risk a stamping rejection.

                In your case since its a fresh H1, COS and H1 means one and the same. You get fresh H1 and then Change of Status from L1 to H1.

                What is news to you returning to US on L1 or cancellation of L1?? You can travel into US as long as you have a valid visa stamped in your passport . As your L1 is valid till 2015 you can travel into US using that even if your H1 petition is approved.
                There have been cases where the consulate officer during visa interview cancels existing L1 before approving fresh H1. If that happens you cant travel using your L1.

                This is my opinion not legal advice.

                Comment


                • #9
                  Originally posted by raghvi View Post
                  COS is filed when oen wants to change ones Immigrant status while in US without leaving US. Technically you dont need COS as you are planning to leave US to resign and get H1 stamped abroad so you dont need a Change of Status from L1 to H1. Once you are outside US you dont have a immigrant status hence no need for COS. So you might as well apply in consular processing. I suggested COS just in case you decided not to leave US and risk a stamping rejection.

                  In your case, since its a fresh H1, COS and H1 means one and the same. You get fresh H1 and then Change of Status from L1 to H1.

                  What is news to you returning to US on L1 or cancellation of L1?? You can travel into US as long as you have a valid visa stamped in your passport . As your L1 is valid till 2015 you can travel into US using that even if your H1 petition is approved.
                  There have been cases where the consulate officer during visa interview cancels existing L1 before approving fresh H1. If that happens you cant travel using your L1.

                  This is my opinion not legal advice.
                  I am under the impression, 'COS' is preferred to 'fresh H1' considering the rejection ratio. So keeping that in the mind, "Work till you get H1(via COS) and then travel to India. Serve notice period and resign. Get H1 stamped(I believe I won't be having interview and just stamping) and travel back."

                  BTW, in case of H1 premium processing, when do I come to know(typically) whether it's approved or not?


                  Sorry I read you wrong. I thought, consulate can even deny my H1 and cancel L1 too which was news to me. . .

                  Comment


                  • #10
                    Originally posted by manuv313 View Post
                    I am under the impression, 'COS' is preferred to 'fresh H1' considering the rejection ratio. So keeping that in the mind, "Work till you get H1(via COS) and then travel to India. Serve notice period and resign. Get H1 stamped(I believe I won't be having interview and just stamping) and travel back."

                    BTW, in case of H1 premium processing, when do I come to know(typically) whether it's approved or not?


                    Sorry I read you wrong. I thought, consulate can even deny my H1 and cancel L1 too which was news to me. . .
                    I agree COS is preferred but since you need to go back and resign I see no point of a COS. Also, if you do a COS you have to work with the H1 employer from COS start date, otherwise you are out of status. And YES, you will have to attend Visa interview in order to get H1 stamped. You dont qualify for visa interview waiver in this case.

                    H1 premium without RFE, the decision can come within 15 days.

                    Also, it is possible that consulate in India can deny you H1 as well as cancel L1.

                    This is my opinion not legal advice.

                    Comment


                    • #11
                      Originally posted by raghvi View Post
                      I agree COS is preferred but since you need to go back and resign I see no point of a COS. Also, if you do a COS you have to work with the H1 employer from COS start date, otherwise you are out of status. And YES, you will have to attend Visa interview in order to get H1 stamped. You dont qualify for visa interview waiver in this case.

                      H1 premium without RFE, the decision can come within 15 days.

                      Also, it is possible that consulate in India can deny you H1 as well as cancel L1.

                      This is my opinion not legal advice.
                      So here's my conclusion:
                      1. So there is no way that I could start working to new employer before Oct'13.
                      2. Premium H1 processing is a good idea
                      3. There is not a good chance that an employer you find in Dice(or any job sites) can wait for you like this. So I have to request whatever the companies approached me to process H1 and wait till October.
                      4. Since you already know the status(15 days means sometime in Apr'14), interview is formality and they won't reject your H1 while stamping.

                      My fourth concern is quite important because, when I go for stamping, I would be serving the notice period. I won't be having any job in the hand if they reject my VISA while stamping.

                      Please correct me if I am wrong. Once again, thanks so much for all your help.
                      Last edited by manuv313; 12-11-2012, 05:05 PM.

                      Comment


                      • #12
                        Originally posted by manuv313 View Post
                        So here's my conclusion:
                        1. So there is no way that I could start working to new employer before Oct'13.
                        2. Premium H1 processing is a good idea
                        3. There is not a good chance that an employer you find in Dice(or any job sites) can wait for you like this. So I have to request whatever the companies approached me to process H1 and wait till October.
                        4. Since you already know the status(15 days means sometime in Apr'14), interview is formality and they won't reject your H1 while stamping.

                        My fourth concern is quite important because, when I go for stamping, I would be serving the notice period. I won't be having any job in the hand if they reject my VISA while stamping.

                        Please correct me if I am wrong. Once again, thanks so much for all your help.
                        1. Yes.
                        2. Premium processing will involve extra cost , if employer is willing to bear that cost its good to go for it as it gives you flexibility to plan well ahead without having to nervously wait for a decision.
                        3. I dont know about Dice part but Yes the future employer will have to wait till Oct 2013 or later.
                        4. 15 days could be anywhere from 15-April-2013 to later depending upon when your application reaches USCIS. I wont say interview is formality, your petition might be approved but that doesnt guarantee a visa. Interview also forms critical part of getting H1 stamping. There are many posts in this forum where approved H1 petitions have gone into AP or 221G.

                        I dont see any reason why you should resign before actually knowing the outcome of H1 stamping. Advisable to resign only after successful H1 stamping.

                        This is my opinion not legal advice.

                        Comment


                        • #13
                          Originally posted by raghvi View Post
                          1. Yes.
                          2. Premium processing will involve extra cost , if employer is willing to bear that cost its good to go for it as it gives you flexibility to plan well ahead without having to nervously wait for a decision.
                          3. I dont know about Dice part but Yes the future employer will have to wait till Oct 2013 or later.
                          4. 15 days could be anywhere from 15-April-2013 to later depending upon when your application reaches USCIS. I wont say interview is formality, your petition might be approved but that doesnt guarantee a visa. Interview also forms critical part of getting H1 stamping. There are many posts in this forum where approved H1 petitions have gone into AP or 221G.

                          I dont see any reason why you should resign before actually knowing the outcome of H1 stamping. Advisable to resign only after successful H1 stamping.

                          This is my opinion not legal advice.
                          I discussed this with one of my friend who is quite familiar with this. We both have one concern and probably you can confirm- "Other employer can apply for my H1 visa and it's immaterial whether I am working to them or not. I can continue to work with L1 employer when other employer is processing my H1 in parallel"

                          This was raised because my friend showed me a typical USIS form which needs salary and designation information(in new company).

                          - - - Updated - - -

                          Originally posted by raghvi View Post
                          1. Yes.
                          2. Premium processing will involve extra cost , if employer is willing to bear that cost its good to go for it as it gives you flexibility to plan well ahead without having to nervously wait for a decision.
                          3. I dont know about Dice part but Yes the future employer will have to wait till Oct 2013 or later.
                          4. 15 days could be anywhere from 15-April-2013 to later depending upon when your application reaches USCIS. I wont say interview is formality, your petition might be approved but that doesnt guarantee a visa. Interview also forms critical part of getting H1 stamping. There are many posts in this forum where approved H1 petitions have gone into AP or 221G.

                          I dont see any reason why you should resign before actually knowing the outcome of H1 stamping. Advisable to resign only after successful H1 stamping.

                          This is my opinion not legal advice.
                          I discussed this with one of my friend who is quite familiar with this. We both have one concern and probably you can confirm- "Other employer can apply for my H1 visa and it's immaterial whether I am working to them or not. I can continue to work with L1 employer when other employer is processing my H1 in parallel"

                          This was raised because my friend showed me a typical USIS form which needs salary and designation information(in new organization).

                          Comment


                          • #14
                            Originally posted by manuv313 View Post
                            I discussed this with one of my friend who is quite familiar with this. We both have one concern and probably you can confirm- "Other employer can apply for my H1 visa and it's immaterial whether I am working to them or not. I can continue to work with L1 employer when other employer is processing my H1 in parallel"

                            This was raised because my friend showed me a typical USIS form which needs salary and designation information(in new company).

                            - - - Updated - - -



                            I discussed this with one of my friend who is quite familiar with this. We both have one concern and probably you can confirm- "Other employer can apply for my H1 visa and it's immaterial whether I am working to them or not. I can continue to work with L1 employer when other employer is processing my H1 in parallel"

                            This was raised because my friend showed me a typical USIS form which needs salary and designation information(in new organization).
                            Yes they can start your H1 processing while you work for the L1 employer. But as and when the H1 becomes effective after approval from the petition start date you should work only with the H1 employer from that date. For example in your case, if you are working for Employer A on Employer A's L1 Petition and at the same time on 01-April-2013 Employer B submits H1B petition to USCIS for you and a COS from L1 to H1 with H1 start date of 01-Oct-2013, if the petition gets approved and you get a new I-94 associated with it with a start date mentioned. Salary and designation is the proposed salary and designation for you when you join Employer B in the future. From that date, i.e. petition start date, i.e. 01-Oct-2013, if you are in US, you cannot work for the L1 employer and you should work only for the H1 employer.

                            If you are outside US on or before the H1 start date you can continue to work with the Employer A, B, C or whatever outside US. USCIS doesnt care much what you do when outside US.

                            In order for you to work with Employer B in US, you would need to get H1 stamped at a consulate outside US, and enter US on that H1 to start working for Employer B.

                            This is my opinion not legal advice.

                            This is my opinion not legal advice.

                            Comment

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