H1 or L1, confusion, confusion, confusion..... which is best ?

[usrb]

Hi,

I got my H1B petition approved and got form I-797 from my employer this year (visa stamping still not done). I am currently employed in India with a MNC. When I spoke to my current India employer about my successful H1B petition, he offered to transfer me in US within same organization. Now I am in big confusion, I am assuming my current employer will process L1 for my transfer so my queries are :
1. Is it possible for my current employer to takeover my approved H1B petition (from another employer) and I can go via H1B under my current employer using same approved petition ? My current status is, petition approved, I-797 received but no visa stamping and I am in India.
2. In above scenario, if I want to go US thru my current employer, which process will be fast, L1 (process still not started by my current employer) or H1B (I already have petition approved from other employer) ?
3. Normally, which visa type is good ? L1 or H1B ?
4. In my above scenario, any suggestion, which path I should follow, H1B with new employer or L1/H1B with my current employer ? My current organization is very big compared to my new company who filled my H1B petition.

Thanks in advance.

[usrb]

Hi Team,

Pls help in my queries in this post. Need urgently.

Thanks

[usrb]

Can someone pls help me in queries in this post ? Need urgently. Pls help...

[shervin143]

1. Is it possible for my current employer to takeover my approved H1B petition (from another employer) and I can go via H1B under my current employer using same approved petition ? My current status is, petition approved, I-797 received but no visa stamping and I am in India.
>>> You cannot use one employer's petition to work for another. The employer will need to file a H1B transfer. When the transfer gets approved, you will get a new H1B approval notice associated with your current employer. You should use that to get the H1B visa stamped. Once approved, you can travel to U.S to work for the employer.

2. In above scenario, if I want to go US thru my current employer, which process will be fast, L1 (process still not started by my current employer) or H1B (I already have petition approved from other employer) ?
>>> Both takes the same amount of time. With H1B you will have more flexibility to switch employers in U.S.

3. Normally, which visa type is good ? L1 or H1B ?
>>> H1B. You get 6 years in H1B while you get only 5 years in L1. Swicthing employers is easy while you are in H1B.

4. In my above scenario, any suggestion, which path I should follow, H1B with new employer or L1/H1B with my current employer ? My current organization is very big compared to my new company who filled my H1B petition.
>>> Well, you need to make that call. You would know the merits of both the companies.

[usrb]

Thank you so much for reply. Few additional questions :
1. How much tentative time will take for transferring a approved petition from my employer to another if I am already in India and no visa stamped yet ?
2. If I get my visa stamped now with my currently approved petition from my new employer and later if my current employer get H1B transfer approved, do I need to go for visa stamping again or I will be OK to use same stamped visa ?
3. In copy of form I-129 which I received from my new employer, he mentioned intended employment from 10/1/2015 to 08/30/2015 but till date I have not apply for visa stamping. Now I am planning to go for visa stamping by Jan first or second week so is there any document required from my employer about new start date for employment ? or am I OK to go with same documents which stating 10/1/2015 is employment start date ?

Thanks