H1 transfer from L1..

[tsrajesh]

HI,
I need some advise..

Right now I am on my L1 visa, and my company asked me to proceed to apply for H1 (along with PERM.. which i haven't started yet). I am not really sure what is the advantage of H1B over L1, as i am not planning to change company.. I am not working in a services/bodyshopping company(that i don't have to go work at other companies) Anyhow, my issue now is something else..

I was told that once H1B application is done, I shouldn't leave US until october. Otherwise, If my H1 is approved, my visa won't automatically upgraded to H1.. I'll have to exit US again, apply for "Activating" it in the other country and re-enter by H1 (And that my company will not bear the expense of that second-time activity), And i can't postpone my trip i had planned for in the immediate future.. My question is, If my H1 is approved (I believe it takes until sep/oct), and i apply for stamping in india (during my visit next year), will it just be a "stamping" process? Or will it be another make or break type of interview?

Thanks
Raj

[raghvi]

HI,
I need some advise..

Right now I am on my L1 visa, and my company asked me to proceed to apply for H1 (along with PERM.. which i haven't started yet). I am not really sure what is the advantage of H1B over L1, as i am not planning to change company.. I am not working in a services/bodyshopping company(that i don't have to go work at other companies) Anyhow, my issue now is something else..

I was told that once H1B application is done, I shouldn't leave US until october. Otherwise, If my H1 is approved, my visa won't automatically upgraded to H1.. I'll have to exit US again, apply for "Activating" it in the other country and re-enter by H1 (And that my company will not bear the expense of that second-time activity), And i can't postpone my trip i had planned for in the immediate future.. My question is, If my H1 is approved (I believe it takes until sep/oct), and i apply for stamping in india (during my visit next year), will it just be a "stamping" process? Or will it be another make or break type of interview?

Thanks
Raj

Till when is your L1 visa valid?

If your Permanent Resident (Green Card) is being applied in EB2/EB3 category and you were born in India then, according to current trends, you are looking at 8-12 Years of wait to get your GC. Now during this 8-12 Years period in order to work legally in US you need a valid visa. Since L1B allows max 5 Years and cannot be renewed beyond that, whereas H1 allows for 6 Years and can be renewed in increments of 1/3 Years, eventually you have to move to H1 in order to stay in US till you get GC. So it makes sense to apply for H1 beforehand.

As for H1, first you need to be selected in the lottery, if any, then get the petition approved, and then take that approved petition for visa stamping. The visa interview would be like any other H1 interview, with chances of rejection, though if the documents are clear then its easier to get approval.

Also, its already March 17th, if your LCA hasnt been filed yet it might be difficult to get petition papers to USCIS by 01-April-2015 when the H1 window opens.

This is my opinion not legal advice.

[tsrajesh]

Till when is your L1 visa valid?

If your Permanent Resident (Green Card) is being applied in EB2/EB3 category and you were born in India then, according to current trends, you are looking at 8-12 Years of wait to get your GC. Now during this 8-12 Years period in order to work legally in US you need a valid visa. Since L1B allows max 5 Years and cannot be renewed beyond that, whereas H1 allows for 6 Years and can be renewed in increments of 1/3 Years, eventually you have to move to H1 in order to stay in US till you get GC. So it makes sense to apply for H1 beforehand.

As for H1, first you need to be selected in the lottery, if any, then get the petition approved, and then take that approved petition for visa stamping. The visa interview would be like any other H1 interview, with chances of rejection, though if the documents are clear then its easier to get approval.

Also, its already March 17th, if your LCA hasnt been filed yet it might be difficult to get petition papers to USCIS by 01-April-2015 when the H1 window opens.

This is my opinion not legal advice.

Thanks! That makes sense.