L1 to H1 transfer ..Few Queries

[gbisna]

Hi,

My H1B petition is approved , but my L1B to H1B COS transfer didnt happen , because when my H1B was getting processed I had gone out of states (in July). The employer who is holding my H1B, plans to file for another COS which will happen by November last week 2013.

I have to again go back to India in Jan 2014. My question is whether I can apply for L1 to H1 COS through my employer once I have come back from India instead of getting COS in Nov 2014 , or will USCIS raise any question that why COS didnt happen for so long.

If my COS has happened , then during visa interview for H1 stamping in Jan (when I m in India) how can I prove to the interviewer that I m working for a genuine employer. Given the fact that I will have only Nov and Dec. pay slips with me.

Also, if I feel that I'm not working for a genuine employer, can I get my H1B transfer done to another better genuine employer ? If yes, can it happen with the help of less than 3 pay stubs?



Thanks

[raghvi]

Hi,

My H1B petition is approved , but my L1B to H1B COS transfer didnt happen , because when my H1B was getting processed I had gone out of states (in July). The employer who is holding my H1B, plans to file for another COS which will happen by November last week 2013.

I have to again go back to India in Jan 2014. My question is whether I can apply for L1 to H1 COS through my employer once I have come back from India instead of getting COS in Nov 2014 , or will USCIS raise any question that why COS didnt happen for so long.

If my COS has happened , then during visa interview for H1 stamping in Jan (when I m in India) how can I prove to the interviewer that I m working for a genuine employer. Given the fact that I will have only Nov and Dec. pay slips with me.

Also, if I feel that I'm not working for a genuine employer, can I get my H1B transfer done to another better genuine employer ? If yes, can it happen with the help of less than 3 pay stubs?



Thanks

You are planning multiple things at the same time. L1 to H1 COS, Travel , H1 transfer. So would advise looking at each of them carefully and if possible take guidance from a good lawyer.

When is your L1 in passport expiring? When is the L1 I-94 expiring? Is employer planning to file COS in premium?

A COS (Change Of Status) is done only while in US because you are changing from one non-immigrant status to another (L1 to H1 in your case).
If you are in India, in Jan, you will be attending the visa stamping as part of consular process.

If your employer files for COS in premium ,in Nov 2013, then you should immediately start working with the H1 employer upon COS approval ( should happen within 2-3 weeks if filed in premium). And then subsequently as and when you visit India in Jan you can attend H1 stamping.

If you dont want to start work with the H1 employer till Jan, then in Nov 2013 ask employer to file L1 to H1 as Consular process in premium category. In Jan when you travel, if H1 petition is approved go for H1 interview.

Now, in either of the above scenarios, the biggest risk is H1 visa rejection and L1 cancellation while you attend H1 visa interview thereby delaying your return to US in Jan 2014.

As you asked, "how to convince", there are lot of factors. How many layers are there between you and the end client? How many employees on H1? Length of intended employment etc. The more the layers the more the scrutiny.

First would be a genuine petition approval, pay stubs (if COS ), client letter with agreement between the layers (if any) etc

A transfer can happen with 3 Month Sal slips too. provided you diligently maintain status.


This is my opinion not legal advice.