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L1 - H1 transfer options

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  • #16
    Since your current I-94 extends beyond Oct 1, your employer can file H1 as change of status and you can work continuously.
    This is my opinion and not legal advice.

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    • #17
      Currently on L1-B and Have H1-B approval

      Hi,
      Currently I am working with a company on L1-B visa. I have my H1-B approved under last year quota. I still did not change the employer and continuing to work with L1-B employer.

      Since my H1-B is approved, what is my current status. When I start working on H1-B should I apply for change of status?

      My current L1-B employer is not aware of my H1-B approval.

      Can any one give more information of how L1-B to H1-B transformation work.

      Thanks in advance.
      Last edited by l1toh1; 02-26-2012, 11:42 PM.

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      • #18
        Did the H1B approval come with a new I-94? If yes, did you go out of U.S and returned back in L1 visa? If not, you are currently out of status on L1 and your employment with the L1 employer is totally illegal. Consult an immigration attorney in that case as your current immigration status is completely messed up.

        Originally posted by l1toh1 View Post
        Hi,
        Currently I am working with a company on L1-B visa. I have my H1-B approved under last year quota. I still did not change the employer and continuing to work with L1-B employer.

        Since my H1-B is approved, what is my current status. When I start working on H1-B should I apply for change of status?

        My current L1-B employer is not aware of my H1-B approval.

        Can any one give more information of how L1-B to H1-B transformation work.

        Thanks in advance.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #19
          Hi Shervin,
          Thanks you very much for your reply.

          How is this going to impact me at present and future.

          Can I go back to my home country and come back on L1-B visa to retain L1-B status? Will there be any problem at the port of entry when I come back.

          If I can, should I drop both the I-94's before leaving US?

          Is there a way to correct this from here being in US?

          Please advice with the best next steps which I can do.

          Thank You Again for your advice.

          Comment


          • #20
            How is this going to impact me at present and future.
            >>> It can cause issued with your future petition, visa stamping GC process.

            Can I go back to my home country and come back on L1-B visa to retain L1-B status?
            >>> Yes, you can do that.

            Will there be any problem at the port of entry when I come back.
            >>> It depends on officer who verifies your documents. If he/she checks your immigration records properly, then you will be questioned for being out of status on H1B.

            If I can, should I drop both the I-94's before leaving US?
            >>> You should return all the I-94s when you leave the country.

            Is there a way to correct this from here being in US?
            Please advice with the best next steps which I can do.
            >>> Consult a good immigration attorney.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #21
              L1B to H1B Visa Transfer

              Hi,

              I am with L1B Visa and working in a company through intra company transfer from May to Aug 2012.

              My L1B Visa is valid upto 2015, meanwhile Another employer is planning to file H1B for me.

              Please let me know the following clarifications:

              1]. Will the new employer should initiate L1B to H1B Transfer process? OR
              File a fresh H1B Petition for me?
              2]. Since there are only 15k H1B Visa petitions are available as of 31May 2012, Please let me what the new employer should do to file H1B Visa for me to get it at the earliest.
              3]. If they file the H1B Premium Petition for me now, what might be the duration to get the filing process faster.

              Looking forward for your valuable suggestion... Great Thanks.


              Thanks,
              Thangam.

              Comment


              • #22
                COS Vs CP

                1]. Will the new employer should initiate L1B to H1B Transfer process? OR
                File a fresh H1B Petition for me?
                >>> There is no such thing as L1 to H1B transfer. Have you previously had an H1B approval within the last 6 years? If yes, the employer can file a new H1B petition under the old CAP without worrying about the current quota getting filled and request an immediate start date. If not, then employer will need to file the new H1B petition under a new CAP before the quota runs out. The start date can be on or after Oct 1st.

                The employer can either file the H1B for COS or consular process. If the petition gets approved for COS, you should start working for the H1B sponsor as of the H1B effective date (approval will come with a new I-94). Any employment with the L1 employer after the H1B effective date is illegal.

                If the H1B is filed for consular process, you can continue to work for the L1 employer. When you are ready to work for the H1B sponsor, you should leave the country, get the H1B visa stamped and return back in H1B Visa.


                2]. Since there are only 15k H1B Visa petitions are available as of 31May 2012, Please let me what the new employer should do to file H1B Visa for me to get it at the earliest.
                >>> They have to file the H1B petition before the CAP runs out.

                3]. If they file the H1B Premium Petition for me now, what might be the duration to get the filing process faster.
                >>> You will get a decision within 15 days. The start date will still be Oct 1st or later. If the h1B is filed for COS, then you should be working for the H1B sponsor as of the H1B effective date (that will be mentioned in the approval notice).
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment

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