L1B - H1B change of status questions

[rudywk]

Hi,
This question is regarding L1B - H1B change of status.

I currently work in the US for company A (a big IT farm) with L1B visa which is going to max out very late this year (not before Oct). Both my L1 and I-94 is valid till that date. I'd been planning to switch to H1B and company B (a consultancy) had agreed to sponsor H1. However company A is now also planning to file an H1B petetion (as a Change of Status) for me this year. With that, I'd a few questions and will like suggestions:

1. The representative from Company B recommended that I go through with the H1B process of Company A only - as it is not recommended to apply separately. Once it is approved - a employer change can be applied for. Is that a good suggestion?
2. I understand the change of status will be applicable only from October 1st - and irrespective of Company A or Company B (or both) applies for my H1B - I can only switch companies and start working on H1 after 1 Oct. I can work for no other company that company A (which will be with my L1) till 1 Oct. Is that correct?
3. If I quit company A while the H1B petition is pending with USCIS (and go back to my home country) - will the petition be automatically withdrawn or rejected? is there any chance of changing my employer to Company B in that case?
4. What happens if I quit Company A after the approval but before 1 Oct?
5. Lastly - I've been told that I should not travel outside US while the application is pending. I needed some elaboration on that - will it mean that the COS will be abandoned, but the petition will still be valid? If I travel after 1 Apr and come back (with my L1) before the approval/after the approval but before 1 Oct- can I still switch companies later? Can company B apply for change of employer while I'm outside US and I can start with them in Oct?

Thanks a lot in advance for your comments. I hope I've been explicit enough with my questions - if not apologies and let me know where!

Cheers,
Rudy

[raghvi]

1. Well its not illegal to apply for multiple H1s through multiple employers.The consultancy might just be wanting to save money and legal costs and avoid any scrutiny with respect to their h1 petition. Its generally perceived to be easier to do a transfer than a new petition hence they may be asking you to do so.
2. Yes.
3. If the employer A doesn't withdraw it it will generally be converted from COS to Consular process.
4. You cannot quit before 01-Oct-2014 while in US on L1 as then you would go out of status. If you quit while in your home country but still have the approved petition with you, any employer can use that petition and file a cap exempt petition with an immediate start date. One that is approved, you can attend new H1 stamping and re enter on the new H1 is successful stamping.
5.
A. If one travel before decision while it is pending the COS is considered abandoned and the petition most often is approved as consular process.
B. If you travel after 1-April but after the COS is approved then COS would still kick in on the H1 start date and you have to work with the h1 employer from COS start date , you can file a transfer to another company before COS start.
C. B can apply for their own petition using your earlier approved petition while you are outside US but the next petition would be a consular one as you are outside US, and would require you to attend h1 visa.

Few things to note:
1. When you say L1 is maxing out does it mean you have spent 5 years on L1B in US? If yes, then you do realize that L1+h1 can max be for 6 Years and the next H1 would most likely be approved only for a year in that case.
2. H1 approval generally happens only by around August/Sept if not filed as premium.


This is my opinion not legal advice.

[sashussaini]

L1B to H1B approved without Change of Status

Hi,
Similar situation, my question is also regarding L1B - H1B change of status.

Situation:
1. I currently work in the US for company A on L1B visa.
2. Company B filed for my H1B, which was denied initially.
3. Later Company B appealed against the denial of H1B and it got approved yesterday without Change of Status (COS)
4. Company B says there are 2 options:
4.1. Go to my country of Origin and get the H1B Stamped (not preferred).
4.2. Apply for amendment for H1B change of status under Premium processing. Which would cost around $1200+.

Questions:
1. Is there no other options than going for COS amendment.
2. Will the COS amendment in Premium processing cost around $1200+.
3. Are there chances of COS amendment getting denied.
4. If the COS amendment gets approved, do I need to move the next day from Company A (L1B) to Company B (H1B).

Thanks in advance for all the suggestions. Please let me know if there is any other questions you have.

Regards
Syed

[raghvi]

Hi,
Similar situation, my question is also regarding L1B - H1B change of status.

Situation:
1. I currently work in the US for company A on L1B visa.
2. Company B filed for my H1B, which was denied initially.
3. Later Company B appealed against the denial of H1B and it got approved yesterday without Change of Status (COS)
4. Company B says there are 2 options:
4.1. Go to my country of Origin and get the H1B Stamped (not preferred).
4.2. Apply for amendment for H1B change of status under Premium processing. Which would cost around $1200+.

Questions:
1. Is there no other options than going for COS amendment.
2. Will the COS amendment in Premium processing cost around $1200+.
3. Are there chances of COS amendment getting denied.
4. If the COS amendment gets approved, do I need to move the next day from Company A (L1B) to Company B (H1B).

Thanks in advance for all the suggestions. Please let me know if there is any other questions you have.

Regards
Syed

No two situations are alike....Please dont hijack an existing thread.

Please post as a new thread.

[pk1245]

L1B - H1B Change of Status Questions

Hi, I am came to US on L1B and in last October 2013 my i-94 was expired and the company A that i work for applied for L1A change of status and it is in Initial review, now i am planning to apply for H1B in this year quota through an IT consultancy.

1) Can I apply for H1B while my L1A change of status is still in process ?
2) If my L1A change of status is rejected, can i stay in US with out working till my H1B is approved if my H1B petition is picked up in lottery?
3) What if I don't get a reply on my L1A change of status with in 240 days which will end in june, can i stay in US with out working till my H1B is approved if my H1B petition is picked up in lottery?

Thanks in advance
Pk1245

[raghvi]

Please dont hijack an existing thread.

Please post your questions in a fresh thread.