Urgent Help Needed. Can a branch of Foreign company file a H1B instead of L1B?

[naniglavs]

Hi Friends,

Your help is much appreciated.

1) Can the SAB (Subsidiary, Affiliate or Branch) of the FC (foreign company) apply H1B for employee in FC?
2) Post rejection of H1B in (1), will my chances go down for securing a L1B?
3) Is it worth or a good idea to try H1B and then L1B? This is because I'm just joining the FC next month. That means I have to wait 1 year to apply L1B and not sure if my skills can be considered as "specialized". Hence, I am planning to take a chance on H1B through Affiliate in US first and if rejected then try L1B after 1 year.

Please let me know your thoughts and recommendations in this situation. I want to relocate to U.S. asap with lowest risk possible. Thanks a lot.

[raghvi]

Hi Friends,

Your help is much appreciated.

1) Can the SAB (Subsidiary, Affiliate or Branch) of the FC (foreign company) apply H1B for employee in FC?
2) Post rejection of H1B in (1), will my chances go down for securing a L1B?
3) Is it worth or a good idea to try H1B and then L1B? This is because I'm just joining the FC next month. That means I have to wait 1 year to apply L1B and not sure if my skills can be considered as "specialized". Hence, I am planning to take a chance on H1B through Affiliate in US first and if rejected then try L1B after 1 year.

Please let me know your thoughts and recommendations in this situation. I want to relocate to U.S. asap with lowest risk possible. Thanks a lot.

1. Yes they can. But you have to check internal company policies to ascertain if the internal transfer on H1 is allowed.
2. Why do you think h1 will be rejected? If not selected in lottery its a different thing. A H1 rejection does not impact L1.
3. If you feel your skills are not truly "specialized" then H1 seems to be the option to go for.

This is my opinion not legal advice.