Urgent Help on L1B to H1B Visa

[Nettai13]

Hi Experts,

I'm currently on L1B visa which is expired on Oct-13, but still my I94 is valid until the Nov-14. I'm planning to move to H1B visa through the same company. I'd old H1B visa which is expired on 2010.

If my current company is agreeing to do H1B then
1 - Do I need to go for H1 B transfer or New H1B process.
2 - If new H1B then i need to wait for the quota or anytime I can process.

For some case, If my company is not agreeing to do then
1 - Is it possible to move to next company who can ready to do the L1B to H1B?
2 - If I got the new H1B with new company then I can still work in L1B with old company or i need to move immediately in H1B with the new company. (Incase if i am not getting any new Job the consulting company will pay the LCA amount?)

Thanks

[raghvi]

Hi Experts,

I'm currently on L1B visa which is expired on Oct-13, but still my I94 is valid until the Nov-14. I'm planning to move to H1B visa through the same company. I'd old H1B visa which is expired on 2010.

If my current company is agreeing to do H1B then
1 - Do I need to go for H1 B transfer or New H1B process.
2 - If new H1B then i need to wait for the quota or anytime I can process.

For some case, If my company is not agreeing to do then
1 - Is it possible to move to next company who can ready to do the L1B to H1B?
2 - If I got the new H1B with new company then i can still work in L1B with old company or i need to move immediately in H1B with the new company.

Thanks

1. If you want to move immediately or within next 1 Year you can go for porting of your old H1 petition to the current company. New H1 can only start from Oct 2014
2. No need to go for new H1
1. Yes possible.
2. If L1 to H1 is processed as COS (Change of Status) the upon the approval you must work only with H1 employer (or do a leapfrog).
If L1 to h1 is processed as Consular processing, you can work on H1 only after getting H1 stamped outside US.

Further L1+H1 can at max be for 6 Years (if GC not started timely).

This is my opinion not legal advice.

[Nettai13]

Thanks much raghvi,

As a novice In these process please suggest me the best trouble free route

1 - Is it better for me to do H1B through current employer ? Considering there no risk of illegal state stay since for L1/H1 company is same.
2 - Go for new employer with the risk ? New employer have client letter with start date, But I wont get the H1B approved (with recipeit I'm not going to work since immihelp suggested not work in H1 B receipt) until the start date and I cant join the new job wiht client. So new employer suggesting me to apply H1B and get it approved by perimum but still work with the current employer on L1B until they find some other project for me. I guess this will risk my satus (they are saying there are lot of peoples done the same)

[Nettai13]

Hi experts - could you please respond to my query. Appreciate your quick response.

[raghvi]

Hi experts - could you please respond to my query. Appreciate your quick response.

1. It doesnt matter, a new LCA, and H1 petition anyhow would need to be filed, only thing it will be cap exempt.
2. What exactly is the question?

This is my opinion not legal advice.

[Nettai13]

Shall Go to a new employer with the risk ?
The new employer has client letter with start date, But I won't get the H1B approved until the start date. I can't join the new job with client. So the new employer suggesting me to apply H1B and get it approved by premium but still work with the current employer on L1B until they find some other project for me. I guess this will risk my status (they are saying there are lots of peoples done the same). So is it possible to work on L1 B with valid H1B in hand?

Thanks