H1B to L1 so as to get a L2 for my wife

[wikrum]

I am having a H1B visa valid up to May 2009. I am travelling to US next weekend. I am looking for options of taking my wife to US and she will be able to work. I am planning to apply for a new L1 visa once I am in US from the same company. Please let me know if the below mentioned visa changes are OK and do you see any problem with this.

1. My assignment will be for 2 to 3 years. So as I land in US I will apply for L1 visa from the same company. what is the procedure I need to go about for applying L1 visa

2. What will happen to My H1 ? Can I stay in US with H1 invalidate and L1 visa approved/submitted state. How long I can stay with L1 approved/submitted state

3. What is the procedure to apply for L2 visa for my wife under 2 circumstances
a) She is in India and my visa status is L1 approved/submitted
b) She is US with H4 (based on my earlier H1b)

Please some one help me with this. My wife is not at all ready to come to US with me with out having a job

[txh1b]

1. You don't need a visa to change status to L1 within the US. It is called COS and can be done. Visa is needed only if you want to travel outside the US.
2. H1b will be canceled by the company and that does not mean you cannot get on H1b at a later date. You can always do that as long as L1+H1<6 years. You can work on H1b as long as L1 gets approved and then change status to L1. As it is with the same company, the change will almost be unnoticeable except with the HR paperwork. You can stay on L1 till the L1 petition expires without a visa stamp if you don't want to travel.
3. a. Same as any L2 procedure. Take your L1 documents, apply for L2.
b. If she is in US on H4, the company will apply for a COS to L1 for you, L2 for her at the same time. The HR will take care of it and it is simple.

[wikrum]

Thanks very much thats a great info

[wikrum]

Hi,

I checked with my company HR they said they cant apply for my L1 when I am in US on a valid H1. They said I need to go back to India and then have my visa stamped. I feel their information is not correct. Can some one point to me to any authentic informaition so that I can defend my case

Thanks

[DMX17]

Hi,

I checked with my company HR they said they cant apply for my L1 when I am in US on a valid H1. They said I need to go back to India and then have my visa stamped. I feel their information is not correct. Can some one point to me to any authentic informaition so that I can defend my case

Thanks

Your employer HR is just blowing smoke. A COS to L1 is possible within the U.S without the need of getting the L1 visa stamped. I assume you qualify for a L1.

[wikrum]

Hi,

Yes I guess i qualify. I have spent 2.5 years of physical stay in US on H1 and has close to 6 years of valid IT experience and electronics and .communication degree.

Can you point to me to to info on this policy in Uscis. But if immigration comes back to me asking why i need this L1 when i have a H1 can i say its because of my wife ?

[DMX17]

Hi,

Yes I guess i qualify. I have spent 2.5 years of physical stay in US on H1 and has close to 6 years of valid IT experience and electronics and .communication degree.

Now based on the info you just provided (2.5 years of physical presence), I think you might not qualify for an L1. To qualify for an L1, the employee (you) must have worked for the company outside the U.S. for 1 year continuously in the last three years. You were here in the U.S. 2.5 yrs in the last three years. You do not meet the 1 yr continuous employment abroad criterion. You only have 6 months abroad assuming you worked for the same company.

From USCIS:

"i) General. Under section 101(a)(15)(L) of the Act, an alien who within the preceding three years has been employed abroad for one continuous year by a qualifying organization may be admitted temporarily to the United States to be employed by a parent, branch, affiliate, or subsidiary of that employer in a managerial or executive capacity, or in a position requiring specialized knowledge."

[wikrum]

Nope nope you got it wrong. I am in US only for last 2 weeks. I was in US before in 2004 to 2006 mid. I spent time in my company in India for close to 2 years and came only last week. In between I got married and coming on H1 is not working for me as my wife is not a person who can sit at home. So I am asking my company HR to do this change which they say is not possible.

I was told its not possible for them to do this even if I am ready to pay for the change of status. I want to see some info which say I can apply for L1 in US while I have come here on a valid H1 expiring on May 2009. I need this info to tell them its technically possible

Thanks again for the info