Options/Risks with moving from H1 consulate processing mode to COS

[jobseekerinusa]

Hello,

I am on L1A visa currently and working as a project manager.
My H1 was selected in lottery this year .But it was filed in consulate processing mode by new employer B. This was done to minimize the risk so I can jump whenever I get a impressive job opportunity.

I am now looking for job and so planning to get onto H1 COS from consular process.
Questions :
1. My understanding is that new employer B will need to file for COS from consular process & it takes approx. 1 months for this change to happen. Can someone confirm if this is the correct understanding ?

2. Also if this is the case then I will not be able to work for new employer for 1 month till this change happens ?

3. As well during this time,it will be risky and not advisable to leave my L1A job employer since there is no guarantee that the COS would be successful at the end of 1 month. Is that correct ?

4. In practical scenarios, will the new prospective client with new employer B wait for 1 month for me?
I have observed that the client don't prefer to wait for more than 2 weeks for any kind of opportunities.

Pl suggest what options do I have in hand to proceed with getting a decent job on H1B and minimize risk to my current job.

[Nattybone]

Hello,

I am on L1A visa currently and working as a project manager.
My H1 was selected in lottery this year .But it was filed in consulate processing mode by new employer B. This was done to minimize the risk so I can jump whenever I get a impressive job opportunity.

I am now looking for job and so planning to get onto H1 COS from consular process.
Questions :
1. My understanding is that new employer B will need to file for COS from consular process & it takes approx. 1 months for this change to happen. Can someone confirm if this is the correct understanding ?

2. Also if this is the case then I will not be able to work for new employer for 1 month till this change happens ?

3. As well during this time,it will be risky and not advisable to leave my L1A job employer since there is no guarantee that the COS would be successful at the end of 1 month. Is that correct ?

4. In practical scenarios, will the new prospective client with new employer B wait for 1 month for me?
I have observed that the client don't prefer to wait for more than 2 weeks for any kind of opportunities.

Pl suggest what options do I have in hand to proceed with getting a decent job on H1B and minimize risk to my current job.

Hello, Jobseeker.

You are currently on L1A visa which is a work visa. I hope it is valid for some more months / years. If it is valid for a few more months / years then you should NOT discontinue working while your H1B COS is decided upon. The reason being, as L1 is a work visa, the day you stop working you will go out of status. If you are out of status, you cannot be given a new status while still in the US. You will have to exit and re-enter the country (and that has its own challenges).

So, the safest thing, i would think, would be to stick to your L1 employer while filing for an amendment to COS from Consular Processing. Once your COS is approved and you have clarity on visa date, then you should plan joining the H1 employer.

If your H1 job is an inhouse job and not something with some end client (i.e.: The typical layers of End Client -> Sponsor / Employer -> H1B Visa holder) then the employer might be ok waiting.

I hope this helps.

Wishing you luck.

Cheers,

[haritosh82]

New job/startup on H1, currently on L1

Hello, Jobseeker.

You are currently on L1A visa which is a work visa. I hope it is valid for some more months / years. If it is valid for a few more months / years then you should NOT discontinue working while your H1B COS is decided upon. The reason being, as L1 is a work visa, the day you stop working you will go out of status. If you are out of status, you cannot be given a new status while still in the US. You will have to exit and re-enter the country (and that has its own challenges).

So, the safest thing, i would think, would be to stick to your L1 employer while filing for an amendment to COS from Consular Processing. Once your COS is approved and you have clarity on visa date, then you should plan joining the H1 employer.

If your H1 job is an inhouse job and not something with some end client (i.e.: The typical layers of End Client -> Sponsor / Employer -> H1B Visa holder) then the employer might be ok waiting.

I hope this helps.

Wishing you luck.

Cheers,

I am in a similar situation...Currently on L1 valid until April 2017. My H1 got approved in Sep 2014 with consular processing. I want to change the employer...following questions came to my mind:

1. What would be required to convert from consular to COS processing?
2. What is the approximate lead time for this processing?

How do the answers change if I decide to open my own startup company in US? Can I do it if I get the status converted to H1?

Thanks for any replies.

-HT