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L1B & H1B Conflicts

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  • L1B & H1B Conflicts

    I am working with Employer A in India & I have a pressure to apply for Individual L1B since I completed one year with Company A in June 2008 .
    Meanwhile I have filed my H1B with Company B in April 2008 & now I have got trhough Lucky draw Lottery & it has gone for next approval.
    Now if I apply L1B through employer A in July 2008 ,please clarify

    1) What problems would I face in the consultate interview when I go for L1B stamping after 3 months ie october 2008 ? (Assume that my H1B petition is approved by that time)

    2) Can I go to US in L1B & transfer it to the same H1B to employer B in the US & work with the approved petition ?

    3) What are the advantages of H1B over L1B ? L1B gives a suffocation to stick to the same employer in the US even through things go bad ?? Now a days it's tough to get through Lucky Draw of H1B also ?

  • #2
    1. No problems. These are two different petitions and one could have both of them. Consulate does not care.
    2. Yes
    3. You seem to have got it. In addition, the max time limit on L1b is 5 years and H1 can be extended beyond 6 years if you meet the conditions, provides flexibility to change employers, negotiate new salay as you can change jobs etc. While L1 clients usually provide a stable job to people, it has its own advantages as well on long term contracts. H1b, if you are working with a small consulting company is nothing but a pain.

    My suggestion, come on L1, get to experience the US job environment and learn more. You will have access to interview with people directly and once you have a good offfer, switch to the new/H1b employer using the already approved H1b by having them file an amendment.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.