H1 vs. L1 for transferring to US with spouse

[amohan]

Hi folks,

I'm working for a large US-based software product dev firm. I've been based out of the India office for the last 2 years. The firm has now offered me a position based in the US office of the firm. The company has said they will sponsor a H1 for me and H4 for my wife. As I understand, the H4 does not include a work permit. My wife is currently not working and she is not in IT / software - I have concerns if prospective employers will readily sponsor a H1 visa for her when we're here. The alternative is that I request my firm for a L1 visa in which case my wife will get a L2 visa. She can then look for a job and start work on the L2 visa.

Question is - what are the possible implications / demerits of opting for a L1 visa instead of H1 visa. My company has already provided me my salary figures (based on their assumption that I'll opt for H1) - so my decision to go L1 should not affect compensation. What's the recommended visa for my situation? I definitely want to make sure my wife can get work status when we're in the US.

Compared to H1, can L1 limit my ability to switch to a different job in US later?

Thanks!
Mohan

[shervin143]

Your wife cannot just like that work in L2 status. She will need to file for the L2 EAD and that should get approved for her to work. Alternatively she can also find an employer in when she is in U.S and ask them to file a change of status from H4 to H1B and when that gets approved, she can start working. The H1B CAP is wide open and so the CAP should not be a problem. The advantage of being in H1B is that you can easily switch employer and each CAP is valid for 6 years. L1B is valid only for 5 years and you can work only for the employer who sponsored your L1.

[amohan]

Your wife cannot just like that work in L2 status. She will need to file for the L2 EAD and that should get approved for her to work. Alternatively she can also find an employer in when she is in U.S and ask them to file a change of status from H4 to H1B and when that gets approved, she can start working. The H1B CAP is wide open and so the CAP should not be a problem. The advantage of being in H1B is that you can easily switch employer and each CAP is valid for 6 years. L1B is valid only for 5 years and you can work only for the employer who sponsored your L1.

Thanks shervin! Very useful info.

For L2 visa, my company's attorneys will file for a EAD card. They're saying it usually takes 90 days after arrival to get the EAD card.
With H1, my concern is if my wife's H4 visa will severely limit her choice of prospective employers. Not all employers may be willing to file for change of status from H4 to H1?
With L1, the concern - as you say - is the difficulty in switching jobs for me.

I'm right now considering going on L1 since it's important my wife has work status. If have a need to switch jobs, I'll have to ask the new prospective employer to file for a change of status for me from L1 to H1. How difficult is this conversion from L1 to H1?

[shervin143]

COS to H1B is anything like filing a new H1B petition. The CAP should remain open for you to file the H1B in that case unless you already had a previous H1B approval notice in which you haven't used all 6 years (L1 + H1B combined). When someone files your COS from L1 to H1B, they also need to file the COS for your wife from L2 to H4. She will not be able to work once the COS gets approved.

Thanks shervin! Very useful info.

For L2 visa, my company's attorneys will file for a EAD card. They're saying it usually takes 90 days after arrival to get the EAD card.
With H1, my concern is if my wife's H4 visa will severely limit her choice of prospective employers. Not all employers may be willing to file for change of status from H4 to H1?
With L1, the concern - as you say - is the difficulty in switching jobs for me.

I'm right now considering going on L1 since it's important my wife has work status. If have a need to switch jobs, I'll have to ask the new prospective employer to file for a change of status for me from L1 to H1. How difficult is this conversion from L1 to H1?