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L1 expiring what H1b options do I have

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  • L1 expiring what H1b options do I have

    Hi,

    I am working for company A at USA since 2010. My L1B and I-94 will expire in Dec 2012. My company will be filing extension but I was wondering what other options I have. Also, the chances are less that my company will file L1 to H1 with COS.

    I was thinking of going for h1b with different company B. But considering that I can start working for company B in only October, I may need to start looking in august or so. In that case, there is risk of getting 2013 quota full.

    Any suggestions?

  • #2
    2013 CAP opens in April. If an employer files an H1B petition in a fresh CAP, then start date can only be on or after Oct 1st. The employer can request a start date up to 6 months in future. The employer can also file the petition for consular process and when you are ready to join the H1B sponsor, you need to leave the country and return back in H1B visa and petition.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      2013 CAP opens in April. If an employer files an H1B petition in a fresh CAP, then start date can only be on or after Oct 1st. The employer can request a start date up to 6 months in future. The employer can also file the petition for consular process and when you are ready to join the H1B sponsor, you need to leave the country and return back in H1B visa and petition.
      Thanks much for prompt reply!
      Considering that practically it is difficult to find an employer having opening 6 months ahead of time, CP seems good option as you suggested.
      One question though. Would there be any time limit on H1B with CP, about when I can join new employer and/or stamping. In my case, would it be ok if I travel to home country and stamp if my L1 gets rejected which might be as late as May 2013.

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      • #4
        You can get the H1B stamped as long as the petition remain valid and the job still exist. You will need to carry a latest offer letter / employment verification letter from your H1B sponsor to the prove the job still exit.

        Originally posted by usava View Post
        Thanks much for prompt reply!
        Considering that practically it is difficult to find an employer having opening 6 months ahead of time, CP seems good option as you suggested.
        One question though. Would there be any time limit on H1B with CP, about when I can join new employer and/or stamping. In my case, would it be ok if I travel to home country and stamp if my L1 gets rejected which might be as late as May 2013.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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