L-1 to H-1B

  I am working for company A and will be going to US on L1B from company A. I have an approved H1B from company B. I went for stamping of H1B but got 221g for H1B asking me to drop documents via drop box. My queries 1) I am traveling on L1B now, after 6 months can I change to H1B COS after going to USA and continue to work with company B without any problem. 2) When I go to H1B stamping later when I come to India will there be any problem? Will he ask about the 221g? Because it is said within a year of if we do not drop the documents, the Consulate will return the H1B case to UCIS.

  1. You cannot change status from L1B to your old H1B because the US consulate has not taken a decision on your H1 petition.
  2. We recommend that you travel to the US on your L1 and then try to get your H1B through legal and ethical methods.
  3. You can continue to work in the US on L1 and then start to work from October 1st 2007 on an H1 in case it is approved.
  4. Your H1 stamping will be done in India after you have worked for that company for 3-6 months.
  5. You cannot start to work on your old H1 for which the consulate asked you for the documents.
  6. Please talk to your company attorney before you make a final decision.

  I am on a L1B which will expire on July 15 2008. My spouse is on a L2 EAD and is working now. My green card processing is in progress through PERM and the labor is done. I will be filing I-140 through EB2 category. My company wants to do a H1 for me this year. Since my wife is on a job, I have asked them to do a L1A for which I am eligible. My I-94 expires on 11 Dec 2007. Can I now extend my L1B petition and then have a L1A done for 2 years. If I have a L1A will I be able to move to EB1 as a Manager of a Multi National company, which means I can get the GC soon. Can I now convert to L1A and next year (2008) do a H1 for both me and my spouse so that she keeps her job and I can continue extending H1 till my GC. Can a L1A be extended after 7 years if GC processing is in progress?

  1. We think that it doesn't make any sense to apply for an H1 this year.
  2. It makes sense to extend your L1B or process a fresh L1A if you've been promoted in to the manager category.
  3. Please note that the moment you convert categories you may have to go behind in the Green Card queue.
  4. You can remain in the US on your L1 even after 15 July 2008 since a final decision still has to be made on your GC application. .
  5. It isn't advisable to lose your seniority in the GC process queue. Please speak to your company attorney and act according to his/her advice, but we very strongly think that applying for an H1 does not make sense since your GC processing is in progress through PERM and all the labor is done. If you do go in for H1 the entire GC process will have to restart.

  I'm an employee of Company A India division and currently on transfer to Company A US division on a 6 month L1 visa expiring mid-May 2007. My current term with US division expires end April. I'm to return back to India in mid-May'07 before my visa expires (about 14 days after contract termination - I assume itís Ok). Meanwhile Company B is filing my H1. I'm planning to get H1 visa stamped from India in October. Company A is also offering to file my L1 extension in March 2007 so that I can be transferred back to US division in June/July 2007, if required. 1. Will my return to India in May'07 affect my H1 petition in any way? 2. Will my return to India in May'07 affect my L1 extension petition in any way? If L1 extension approval doesn't come before mid-may 07, can I get L1 stamped from India? 3. Assuming 2 is Ok, if I travel to US on extended L1 in June/July are there any chances of being refused admission at the port of entry (as my H1 petition will be approved by then)? Can I continue to work on L1 beyond Oct and go to India at a later date for H1 stamping? 4. Lastly, is it even advisable to file for L1 extension given that Company B is doing my H1 or is it better to just stay in India till October? Please advice - I would like my H1 petition/stamping to be clean and uncomplicated.

  1. Your return to India will not affect L1 / H1 petition.
  2. If L1 approval doesn't come you can get it stamped once you come to India.
  3. When you travel to the US on an extended L1 you are traveling to join your employer for work and your H1 petition application doesn't matter. .
  4. You can continue to work on L1 beyond October and you can start to work for your new employer on a date later than October 1st 2007. You can get your visa stamped in India.
  5. Our past experience shows that it is safe to travel and work on one kind of a visa while the process for another kind of visa is under way. But please note that the L1 and H1 have to be from two different employers.
  6. We recommend that you talk to your company attorney who applied for your H1 and take a decision based on their advice only.

 I am working for company A in India. My client is very happy with me in this company. In December 2006 I planned for getting H1b visa through company B. In Feb company B employer collected all my papers and started the process with his lawyer. Now my company A client wants me on L1 visa so he told me to start the process for L1. Now I am confused. If I will apply for L1 in March and I think I can get L1 in 2 or 3 month. But I want H1b from company B. If I am denied L1 to company A then it will be a big problem for me. So I am thinking to process L1 and then after convert to H1. 1) At the time of filling forms from company A for L1 are there questions like are you processing from somewhere else? I will go for H1 in April. 2) Employer B will file for my H1b. So will it be a problem for L1 visa? 3) Is there anything which I need to show at the time of H1b filing? In April both H1 and L1 will be in process. So will it be a problem? My plan is to get L1 now and then convert to H1. Is it ok?

  1. Please submit all forms for your L1 and then apply for your H1 in April.
  2. There is nothing you need to show at the time of H1 application filing with regard to your L1 application which is under process.
  3. There is no problem in processing L1 and H1 together since they are being done by two different employers.
  4. Once you get your L1 you can move to the US. After H1 is approved in October, you can start working after finding a good job.
  5. You can work on H1 but you cannot convert or stamp L1 to H1 in the US. You have to travel to India for stamping your visa whenever you leave the US.

  I was in US for 5 yrs on L1B till 2006 Sep through Company A. 2. While in India, another consultant company B has shown interest in processing my H1B & apply it in April 2007 so that they can place me with one of their client (after they have found one) after Oct 2007 3. But I prefer that, company B applies H1 for me, but I travel to US on behalf of Company A on L1A sometime in September, continue to work for company A till company B finds a client & places me with them. Once company B has found a Client for me, I can leave Company A and start working for B. Although after 6 months I would prefer to transfer my H1 from company B to some other better well known company. My questions: a) I had completed my 5 yrs quota on L1B. So do I have to be outside US for 1 yr, till a H1 or L1A request is filed b) In September, when I get my L1A Individual applied & stamped by company A, will it impact the processing of my H1 by company B. If it was already approved, will it get cancelled? If answer is no, will my H1B be impacted or cancelled, if I travel in October. c) What is generally recommended, to get a H1 applied while in India or after I have stayed sometime in US on L1A and then apply it with next cycle of H1 in 2008

  1. According to the current law, the maximum time you can spend in the country on an L1B is 5 years and you will have to leave the country within 30 days of expiry of your L1B status.
  2. You can stay in the country for another two years if your visa is transferred from L1A to L1B, which means you can stay totally for 7 years on the L1 category.
  3. If you apply for H1 the fact that you have L1A under process does not matter.
  4. But please note that the total time you can spend in the US on an H1 and an L1 visa is 6 years despite the fact that H1 is for a period of 3 years. We recommend that you stay out of US for 1 year and then come back on L1 or H1 which will enable you to stay in the country for a further period of 6-7 years.
  5. Both these visas can be processed simultaneously as they are being done by two different agencies.

  I am on a L1B which will expire on July 15 2008. My spouse is on a L2 EAD and is working now. My green card processing is in progress through PERM and the labor is done. I will be filing I-140 through EB2 category. My company wants to do a H1 for me this year. Since my wife is on a job, I have asked them to do a L1A for which I am eligible. My I-94 expires on 11 Dec 2007. Can I now extend my L1B petition and then have a L1A done for 2 years. If I have a L1A will I be able to move to EB1 as a Manager of a Multi National company, which means I can get the GC soon. Can I now convert to L1A and next year (2008) do a H1 for both me and my spouse so that she keeps her job and I can continue extending H1 till my GC. Can a L1A be extended after 7 years if GC processing is in progress?

  1. We think that it doesn't make any sense to apply for an H1 this year.
  2. It makes sense to extend your L1B or process a fresh L1A if you've been promoted in to the manager category.
  3. Please note that the moment you convert categories you may have to go behind in the Green Card queue.
  4. You can remain in the US on your L1 even after 15 July 2008 since a final decision still has to be made on your GC application.
  5. It isn't advisable to lose your seniority in the GC process queue. Please speak to your company attorney and act according to his/her advice, but we very strongly think that applying for an H1 does not make sense since your GC processing is in progress through PERM and all the labor is done. If you do go in for H1 the entire GC process will have to restart.

  I'm an employee of Company A India division and currently on transfer to Company A US division on a 6 month L1 visa expiring mid-May 2007. My current term with US division expires end April. I'm to return back to India in mid-May'07 before my visa expires (about 14 days after contract termination - I assume itís Ok). Meanwhile Company B is filing my H1. I'm planning to get H1 visa stamped from India in October. Company A is also offering to file my L1 extension in March 2007 so that I can be transferred back to US division in June/July 2007, if required. 1. Will my return to India in May'07 affect my H1 petition in any way? 2. Will my return to India in May'07 affect my L1 extension petition in any way? If L1 extension approval doesn't come before mid-may 07, can I get L1 stamped from India? 3. Assuming 2 is Ok, if I travel to US on extended L1 in June/July are there any chances of being refused admission at the port of entry (as my H1 petition will be approved by then)? Can I continue to work on L1 beyond Oct and go to India at a later date for H1 stamping? 4. Lastly, is it even advisable to file for L1 extension given that Company B is doing my H1 or is it better to just stay in India till October? Please advice - I would like my H1 petition/stamping to be clean and uncomplicated.

  1. Your return to India will not affect L1 / H1 petition.
  2. If L1 approval doesn't come you can get it stamped once you come to India.
  3. When you travel to the US on an extended L1 you are traveling to join your employer for work and your H1 petition application doesn't matter.
  4. You can continue to work on L1 beyond October and you can start to work for your new employer on a date later than October 1st 2007. You can get your visa stamped in India.
  5. Our past experience shows that it is safe to travel and work on one kind of a visa while the process for another kind of visa is under way. But please note that the L1 and H1 have to be from two different employers.
  6. We recommend that you talk to your company attorney who applied for your H1 and take a decision based on their advice only.

  I am working for company A in India. My client is very happy with me in this company. In December 2006 I planned for getting H1b visa through company B. In Feb company B employer collected all my papers and started the process with his lawyer. Now my company A client wants me on L1 visa so he told me to start the process for L1. Now I am confused. If I will apply for L1 in March and I think I can get L1 in 2 or 3 month. But I want H1b from company B. If I am denied L1 to company A then it will be a big problem for me. So I am thinking to process L1 and then after convert to H1. 1) At the time of filling forms from company A for L1 are there questions like are you processing from somewhere else? I will go for H1 in April. 2) Employer B will file for my H1b. So will it be a problem for L1 visa? 3) Is there anything which I need to show at the time of H1b filing? In April both H1 and L1 will be in process. So will it be a problem? My plan is to get L1 now and then convert to H1. Is it ok?

  1. Please submit all forms for your L1 and then apply for your H1 in April.
  2. There is nothing you need to show at the time of H1 application filing with regard to your L1 application which is under process.
  3. There is no problem in processing L1 and H1 together since they are being done by two different employers.
  4. Once you get your L1 you can move to the US. After H1 is approved in October, you can start working after finding a good job.
  5. You can work on H1 but you cannot convert or stamp L1 to H1 in the US. You have to travel to India for stamping your visa whenever you leave the US.

  I am working for company A and will be going to US on L1B from company A. I have an approved H1B from company B. I went for stamping of H1B but got 221g for H1B asking me to drop documents via drop box. My queries 1) I am traveling on L1B now, after 6 months can I change to H1B COS after going to USA and continue to work with company B without any problem. 2) When I go to H1B stamping later when I come to India will there be any problem? Will he ask about the 221g? Because it is said within a year of if we do not drop the documents, the Consulate will return the H1B case to UCIS.

  1. You cannot change status from L1B to your old H1B because the US consulate has not taken a decision on your H1 petition.
  2. We recommend that you travel to the US on your L1 and then try to get your H1B through legal and ethical methods.
  3. You can continue to work in the US on L1 and then start to work from October 1st 2007 on an H1 in case it is approved.
  4. Your H1 stamping will be done in India after you have worked for that company for 3-6 months.
  5. You cannot start to work on your old H1 for which the consulate asked you for the documents.
  6. Please talk to your company attorney before you make a final decision.

  Iím on a L1 (blanket) visa and its expiring on Oct2007. I'm planning to renew the same in Oct 2007. I want to apply for H1 in March 2007 and keep the papers handy if in case any requirement arises. I might get the H1 papers in three or four months. My problem is I don't have a job immediately to jump so I want to stay in L1 and renew my L1 in Oct 2007 but still keep the H1 papers. Is it possible? During my L1 renewal in Oct 2007 if I have valid H1 approval papers will it have any problem? Will my H1 get cancelled in anyway while filing for L1 renewal? Will my company come to know that I've also applied for H!? If answer to question no.1 is "NO" can I resign my job in beginning of 2008 and start working on my H1 papers (without getting it stamped) as I'm already in US?

  1. It is possible for you to remain on your H1 and wait beyond October 2007 till you find another job.
  2. You will not have any problems during the L1 renewal in 2007 even if you have a valid H1 approval.
  3. Your H1 will not get canceled and please note that once you start working on H1, your L1 status goes.
  4. You will have to get your H1 stamped if you leave US borders. Your stamping will have to be done in India.
  5. Your company will not know that you have applied for H1.
  6. We recommend that you get a job before you resign from your current position and stay on L1 till you managed to get a good job.
  7. Please speak to the attorney who is applying for your H1 as our response is based on past experiences. Your decision should depend entirely on the advice of your attorney.

 
  Currently I am working for a company A on L1 visa. My L1 visa got expired last year in Sep 2005. But the L1 petition is valid till June 2007. Next month (March 2007) I am going to apply L1 (for myself) L2 (for my wife) extension. At the same time I have plans to apply for H1B through a consultant. In the month of April 2007 my wife wants to go to India on vacation and return back in Sep 2007. She will get her visa stamped for L2 (extended visa). Most probably she may go for stamping in India in month of April or May (depending on the appointment availability). Considering the above scenario I have the following questions:
1) Will she be getting any problems for getting L2 stamped (considering that by that time her H4 is in process)?
2) Any chances that my current company A employer will be knowing about this during her stamping in India.
3) Will there be any issue if she gets appointment for L2 stamping after Oct 2007 (a date after I have got the H1papers). Can she return to US on L2 status?
4) What is the idle time you suggest for returning back to US? Will there be any problem if she returns back to US after we get H1/H4 papers in Oct 2007.
5) My current company is going to apply for L1 extension for me in Mar 2007, and at the same time I am going to apply for H1B. Is it legal to apply for both at same time? And is there any chance that my current employer will know about the H1B processing.

  1. There will be no problem in getting the L2 stamped while the H-1 and H-4 are under process.
  2. Your current employer will not know about the H-1 application you've filed through you're consultant.
  3. Your wife will get her L2 appointment generally within a month from the time she applies for her appointment.
  4. She can come back on her L2 as long as you are working for your current employer.
  5. We advise her to come back to the US before October 1st if you are planning to join your new employer in October 2007.
  6. There is no issue in applying for L-1 extension and H1 since these visas are being processed by two different employers. There is no way your current employer will know about it.

 
  I am currently working for company X on a blanket L1 visa. It is valid through August 17th 2007. Company Y has offered me a job and I am unsure of the process for next steps. Can an L1 visa be transferred to a different company? If not, is the H1B visa what my new company has to apply for? Can an L1 be transferred to an H1B? If a transfer cannot be completed and the new company completes the transfer, how long do I have before my visa becomes invalid and I have to leave the country after Company X and I have ended my employment? The new job would class as a promotion and still use my existing skill set obtained through my current job (It is within the same field) however, I have never worked for the new company before in my country of origin.

  1. An L1 visa cannot be transferred from one company to another.
  2. You can apply for an H-1B visa through another employer but you can start to work for that employer only from 1st October 2007.
  3. If your visa has expired or you have ended your employment with company X then you have 30 days to leave the country.
  4. We recommend that you apply for an H-1B with company Y and try to remain employed with company X till the first or second week of September 2007.

 
  I'm currently working for Company A on my L1-Individual visa which is valid till July 2008 and I-94 till July 2008. Company B is applying H1-B for me during April 2007. My questions are

  1. Will Company B apply new H1 or L1 to H1 transfer or L1 to H1 change of status? Which one do you suggest Company B should do to avoid confusion for me in future?
  2. If Company B applies my H1-B by April 1st or 2nd week, then how long does it take for the H1-B approval? From when is the approved H1-B effective?
  3. I'm planning for a vacation to India for a Month before August 2007. Once I apply for H1-B in April 2007, are there restrictions on my travel timelines to India for vacation so that I can go and return on L1? Can I go to India and come back to US on my L1 till I start working for company B on H1 after October 2007? Will my applied or approved H1 have any impact due to my vacation?
  4. If H1-B applied in April 2007 gets approved before I go on vacation, then when I return from vacation, will the Immigration officer know about my H1-B visa that is applied/approved and will he ask any question regarding that?
  5. After I start working for Company B on H1, when should I go for stamping? Since my earlier L1 is valid till July 2008 and is stamped in India, should I have to go back again to India for my H1 stamping? Can I go to Canada or Mexico to get my H1 stamping? Which one do you suggest going to India for stamping or Canada/Mexico for stamping?
  6. I was planning to do my MBA after couple of years in US. Can we study on H1 or do we need to apply for F1 when we plan to study?
  1. Company B has applied for a new H-1B visa on April 1st which will be effective from October 1st 2007.
  2. You can travel to India even if your H1 has been applied for and return on L1 as long as your H1 is not stamped in you passport.
  3. The immigration officer will generally not ask any questions regarding your visa application.
  4. Once your visa has been approved you can start to work for company B on H1 and generally you have to go to India to get your H1 stamped when you leave the country.
  5. Please talk to your company attorney regarding visa stamping in Canada/Mexico.
  6. You can do a part time MBA on your H1 but if you would like to study full time then you need to apply for an F1 visa.

 
  I am currently with Company A on L1 with I-94 valid up to April 2009.Company B will be applying for my H1 in April 2007 however my assignment in US with Company A ends in July 2007 and I will have to go back to India. Can you please advise me on the following scenarios?
a) If my H1 petition gets approved and Company B applies for change of status, can I be in US between July 2007 and October 2007 without working for Company A or Company B? Since the earliest start date for working with company B is Oct 2007?
b) Should I go back to India in July 2007 having an approved H1 petition and then go for the H1 Visa stamping there? Do I stand a higher chance of visa acceptance if I have a few pay stubs from Company B? My dilemma is to whether or not I should go to India if my H1 Petition is approved and if not, is there a way I can be in US before I start working for Company B?

  1. Transfer of L1 to H1B is not allowed since they are two different kinds of visas.
  2. Even if your petition gets approved you can start to work in the US, if you remain in the US, only after the start on the validity period of the H1 visa i.e. October 2007. If your company asks you to come back to India you will have to since you will be out of status after a month from the day your assignment with Company A ends.
  3. If you remain in the US in the out of status category for more than 30 days it will affect the future stamping of your H1 petition.
  4. We recommend that you go to India when your L1 ends, irrespective of the fact that you have an I-94 valid till 2009. Please note that the I-94 validity is concurrent upon your company requiring you to be in the US on an L1. The company has every right to transfer you back to India and you will have to comply in case you don't have any work permit/visa which starts immediately.
  5. Please note that if there is a gap greater than 30 days from the time of your L1 assignment getting over and the potential H1 then you will be out of status.

 
  I am currently with Company A on L1 with I-94 valid up to April 2009.Company B will be applying for my H1 in April 2007 however my assignment in US with Company A ends in July 2007 and I will have to go back to India. Can you please advise me on the following scenarios?
a) If my H1 petition gets approved and Company B applies for change of status, can I be in US between July 2007 and October 2007 without working for Company A or Company B? Since the earliest start date for working with company B is Oct 2007?
b) Should I go back to India in July 2007 having an approved H1 petition and then go for the H1 Visa stamping there? Do I stand a higher chance of visa acceptance if I have a few pay stubs from Company B? My dilemma is to whether or not I should go to India if my H1 Petition is approved and if not, is there a way I can be in US before I start working for Company B?

  1. Transfer of L1 to H1B is not allowed since they are two different kinds of visas.
  2. Even if your petition gets approved you can start to work in the US, if you remain in the US, only after the start on the validity period of the H1 visa i.e. October 2007. If your company asks you to come back to India you will have to since you will be out of status after a month from the day your assignment with Company A ends.
  3. If you remain in the US in the out of status category for more than 30 days it will affect the future stamping of your H1 petition.
  4. We recommend that you go to India when your L1 ends, irrespective of the fact that you have an I-94 valid till 2009. Please note that the I-94 validity is concurrent upon your company requiring you to be in the US on an L1. The company has every right to transfer you back to India and you will have to comply in case you don't have any work permit/visa which starts immediately.
  5. Please note that if there is a gap greater than 30 days from the time of your L1 assignment getting over and the potential H1 then you will be out of status.

 
  I have L1 visa from Company A which expired on 21 Apr 2006 but I still have the valid 1-94 till April 21, 2007. Meanwhile I got my H1 B approved from another company B. It got approved in Oct 2006. My Company A is asking to extend my I-94 for two more months because of some crucial requirement and will not send me back to India. 1. What is my current status L1, H1? 2. Can it be extended without invalidating my H1 B petition?

  1. Please note that our response is based on our past experiences.
  2. You are eligible to stay in the US as long as your visa date and the valid I-94 have not expired individually or together.
  3. As an L1 visa holder, your petition approval determines how long you can stay in the US and the visa stamp expiry date on your passport is your entry document.
  4. If the L1 visa date has expired you are considered out of status even if you have a valid and unexpired I-94 card.
  5. The law states that if you cannot get an L1 extension and you are out of status for more than 180 days then you are in trouble. Talk to your company attorney to see how you managed to stay in the US even beyond 180 days of your L1 expiring.
  6. Please note that your status changes from L1 to H1 only if you have started to work for the new employer.
  7. Please talk to a good immigration lawyer to see how your expired L1 can be extended without INS asking you to leave the country since you are out of status. You are neither L1 nor H1.
  8. We feel that the only way out is to join the employer who applied for your H1B immediately. We recommend that you talk to a good immigration lawyer because our experience is based on our past experience and the same law is interpreted in many ways in the US.

 
  I was on L1 visa and my wife on L2 (With company A). both were valid till May 2007. Company B processed for my new H1. and it got approved in Feb 2006. There was a typo in start date (it got reversed), and I applied for correction, and I got theamended H1 approval notice on 7th Apr. On 17th Apr, I applied for my wife's h4 change of status. Now I would like to know what did is safe? Will my wife's H4 status granted with out any problems? Or do we need to apply for her H4 along with my H1 only?

  1. There is no problem in your application for your wife's H-4 visa.
  2. But you need to travel to india to get your H-1 / H-4 stamped.
  3. Please also talk to company attorney who applied for your H-1 in this matter.

 
  My UK company transfered me to the US operation on an L1 visa . The plan was to remain in the US for 3 years and return to the UK in July 07.Owing to changing circumstances they are returning me to the UK this year (after 2 years) where there are no appropriate vacancies at the company. I would like to explore the options on remaining in the US and finding suitable employment . Can i look for work on my L1 visa? can i easily transfer it to some other type of visa? Do i have to return to the Uk and reapply again .How can i remain in the US ?

  1. You cannot look for work on your L-1 visa.
  2. You need to apply for H-1 visa through an employee
  3. You need to do this ASAP since the visa quota is limited.
  4. L-1 visa is non-transferable.

 
  I was on L-1 visa in year 2005. I got my H-1 approval in year 2005. I went to India for my marriage in October and came back on my previous stamped L-1 visa and continued to work on L-1 for two months. In December, I switched to H-1 B visa as I got a good job and am working with them for last two years. My wife got her H-4 approved in early 2006 and joined me on my H-1. Now when I applied for my extension of H-1, INS has raised a query that I can not have two visa statuses and my H-1 is not even valid. I was not aware of this, and now I am facing this problem. What should I do here? How should I fix this problem so that no problem comes in future?

  1. 1. Please talk to an immigration attorney who will explain to the INS that once you switch to a H1B visa, the L1 visa is automatically deemed to be cancelled.
  2. Your wife has entered the US on an H4 which means that your H1B is valid and it is deemed that you are working on H1B.
  3. Please talk to your employers' attorney to suitably respond to the INS or, we recommend, you talk to immigration attorneys who have detailed experience in handling H1 and L1 issues.

 
  I was issued L1 & L2 (3years + 2 years extensions) for my Wife/Daughter. In between I applied for permanent residence and got rejected and also my L1 visa was revoked and was given 33 days to appeal (I donít want to appeal) and no time frame is mentioned on letter as to when I should leave. My question is within how many days should leave USA?

  1. It is advised that you leave the US within the last day of the appeal period.
  2. We recommend that you make an appeal through your employer irrespective of the fact that you want to leave the US as it might affect your coming back to the US at a later date.
  3. The reason being, it will be construed that you and your company have accepted the verdict of BCIS, thereby confirming the grounds under which your visa was cancelled

 
  I entered US on 10th October 2005 and I am currently working for Company A on a L1-B visa with visa ending date of 31-JUL-2008 and I-94 date of 31-JUL-2008. In the meantime Company B filed for my H1-B visa and that has been approved. Company B is asking me to join on 1st of October 2006. But currently since the prospects of Company A appear to be much better than that of Company B, I want to continue working for Company A.

My questions are:

  1. Is there any problem if I continue to work for Company A on my L-1B and not join Company B at all?
  2. In case there is any problem, what course of action do you suggest? Is there any way to continue working for Company A?
  3. In case there is no problem, and I continue working for Company A, then if Company A files my Green Card after some time, will this issue have any negative effect on the decision of Green Card?
  4. What effect does this issue have on my travel status to India?

  1. There will be no problem if you continue to work with Company A on L-1B.
  2. As per our experience, you have the right to reject any job. Please also note that incase you have signed any agreement to pay the processing fee, you will be liable for the same as per the agreement if any.
  3. This issue will have absolutely no relevance when and if company A files for a Green Card since you have not accepted and joined for employment with company B.
  4. This issue will not have any impact on your current status and thereby it follows. Your travel status is safe.
  5. In short, you have every right to reject any number of offers even if the company has filed for H1.

 
  I am currently in India working with Company A having L1-Blanket, L2 (wife and Kid) visas which is valid until May2009.

Company B has filed H1 B, where my H1B approval is expected around first week of September 2006 and having US Embassy visa appointment for H1 B around September last week.

Query: My current Employer A (with L1 B status) wants to send me to US in the month of October/Nov 2006, where I am very much interested to move US on L1 B status during October 2006 for project work.

  1. Before leaving to US during October/November 2006 shall I attend the US Embassy for H1 B stamping for visa appointment during September2006 last week or Not? Will there be any issue with H1 B stamping? Since I have already L1 Blanket visa?
  2. If I have landed in US with L1 B visa status and Company B applies for L1 to h1 B transfer, how much time transfer process will take? Will L1 B to H1 B transfer possible?

  1. We recommend that you move to the US on L1B.Then, after your H-1B has come you can resign from your current job and join employer B on H1.
  2. You and your family can get H1 stamped in India the next time you travel to India.
  3. As per our experience, if you go for stamping in October-November for your H1, your L1B visa automatically gets cancelled. It is safer to go on your L1,check out company B and then make a decision.
  4. L1B cannot be transferred to H-1B but you can start to work for Company B on the basis of your H-1B approval. Please talk to the lawyer of Company B before taking any action.

   HI, I currently hold a L1 with Company A. I am planning to switch my job to company B and the company B is ready to process me an H1-B. I plan to apply the 1st of April and suppose if get the VISA approved in 12 weeks (1st of July), can i start working for that company from the 1st of July? My second query is if a consultant processes me a H1, can I transfer my H1 to another company which offers me a permanent position immediately?

  1. According to our understanding, the first of the new H1's would be approved as of 1st October, 2006.
  2. If you have to start to work for a new employer, on a H1, you should have atleast 3-5 salary slips from the company which applied for your H1.
  3. Your transfer of your H1 can happen fully after your new H1 is processed.
  4. All transfers can be done only and if only one has 2-3 salary/ tax/ pay slips for a period of 45-60 days.

 

   I am presently working for company A which will apply for my L1A petition sometime in March 2006. I am scheduled to go to US on L1A for company A sometime in Sepí 2006, once my L1A visa is stamped. Meanwhile another company B has shown interest in me and has offered to apply for my H1B sometime in Oct2006. But I am interested in joining company B only in May 2007 and they are ok with this. Now I am in a dilemma because I am faced with the following questions: 1) Is it legal for me to allow company B to apply for my H1B in the background in Oct2006 when I am actually in the US at that time through company A? Can I hide this fact from Company A? Can they know it at all? 2) If in case my H1B for company B gets approved in Octí 2006, then will my current employer i.e. Company A get a notice from the consulate that my L1A has been revoked? In other words will my L1A for company A get revoked if my H1B for company B comes through in Octí 2006? 3) If my H1B is approved in Octí 2006, then can I continue to be in US on L1A for company A till May 2007 and then come back to India and quit company A, get my H1B Visa stamped for company B and then go to US? Will the consulate in India have a problem with this when I go for my H1B visa stamping in May 2007?

  1. It is allowed under the law to allow Company B to apply for a H1B while you are in US on L1.
  2. We recommend that you use your discretion whether to tell Company A or not for there is no way they will know about it from BCIS for your Company A will not get any notice from BCIS or US Consulate when your H1B is approved.
  3. Please note L1 and H1 are two different visa programs. You can continue to work for Company A on your L1 even if your H1 for Company B is approved.
  4. You can start to work for Company B on H1 from May 2007 without coming back to India.
  5. You can get your new H1 stamped whenever you come to India.

 
 I am currently on L1 with a status end date (date on I-94) of 26th Aug, 2006. My employer instead of doing a L1 extension plans to process a new H1B for me (I never had a H1B and am on L1 for 3 years). It seems the start date for new H1B can only be 1st Oct 2006. So do I have to stay out of US from Aug 26 to Oct 1st or is there any way to avoid that? Note: The visa is processed by the same employer.

  1. Legally you will be out of status if your L-1 expires on 26th August, 2006.
  2. It makes a lot of sense for your employer to apply for L-1 extension and at the same time process your H1.
  3. We think this is the only legal way you can stay back in the US.
  4. If you are out of status for more than 1 month, there are chances of many problems cropping up at the time of stamping of your H1B visa.
We strongly recommend that you talk to your employer to get your L-1 extended for a year and at the same time get your H1 processed. Please talk to your company lawyer too.

I am an employee of Company-A and was on L1-B. My L1-B was valid till Mar-2005. But my I-94 was valid till Mar-2006. Company-A applied for a change of visa from L1-B to L1-A. I received the approval notice and new petition of L1-A in March-2005. My L1-A petition was valid till March-2006.
Company-B applied H1-B for me in May-2005 with Change Of Status (COS). I had given them all my previous L1-B petitions and new L1-A petition mentioned in step-1. The H1-B processing was going on. Step-3: I had to go to India in April-05 and then I came back to USA in Jun-05. During this time, I went to Mumbai consulate and get my L1-A stamped based on the approval mentioned in step-1. Company-B is not aware of my visit to India. Step-4: In the month of September, Company-B told me that my H1-B is approved and effective from October-2005. However, my project work in Company-A was very critical and I could not get release. Due to this I could not join Company-B in 1st of Oct-2005. I am still continuing work in Company-A and my current plan is to join company-B in Dec-2005. I have the following questions. 1- Does my visit to India in the month of April-05 have any impact to the H1 approval? Is my H1 is still valid? What is my current visa status? Is there any legal problem? 2- Since I am already continuing working on my L1 (even after approval of H1), does it have any serious impact in future? Is it going to affect my green card processing which company-B will start once I join them? Please suggest.

Your visit to India in the month of April 2005 has no impact on H1 approval. Your H1 is still valid and your visa status is L1A/L1B. There is no legal problem with you working on your H1. Company-B will apply for your green card only after 3 to 6 months of you working with them. Currently the green card takes anything between 3-5 years for it to be approved. Please note - you have to work with Company-B for that entire period.

HI,i came to US in 2003 on L1 and got the SSN. now ,in 2005 i came to the US on H1. Is the SSN issued on my previous L1 is still valid? if it so, do i need to inform the SSN office about this.

Previous SSN is valid, provided you have done tax filing.

Hi, I have got H1B approved by Jan 11-2005 thru another employer, and the current employer is going to file L1 visa to me.

1. Can it possible after H1 approval notice will process for L1?
3/14/2005 2. Can one person have two visa H1b & L1?

If you enter with L1 if it is stamped then H1 B will get cancelled.

I came to USA on L2 visa and here i applied for H1 and got the H1B visa.My query is if i will go back to india then can i enter in US on L2 dependent visa status.

L2 and H1 B don't go to together.

Hi, I hold a L1B since DEC/2003, good until NOV/2006. My plans are to stay in U.S. and change jobs within the same company on JUL/2006. Should my company apply for a Green Card now? Will this application prevent me from changing jobs in the company? Thank you.

I am on L1 for last 4.5 years. Now that L1B time is ending, Can I get H1 from the same company to extend the stay? Is it allowed? and if yes what are the chances for the approval to come through in October/November?

Many thanks.

Technically you can stay in the USA for another 6 years since your visa category changes. Also it is advisable to consult a lawyer before you go for stamping. Has your company not applied for your green card yet ?

 

My hubby is on L1 (I94 this this dec-2004)and he got his H1B approved from oct1 of 2004.If the present company revokes his L1.Can he stay in US..till Oct 1st.

It is better to move the status h1 immediately as soon as possible for it doesnot make sense staying in L-1. Also if you need to get your H1 stamped you need to come to India as per the new BCIS rules are concerned or you need to go to your native country to get it stamped.

 

Hi, currently i hold L1 Visa. I heard L1 Visa holders can do multiple jobs in US. Is it true?

As long as your H1 documentation is proper your visa willnot have any problem

 

My company want to send me to Houston to open an office there that will be represntative of our h/o in Shanghai. I'm supposed to manage and start the office and then employ some other local people as staff. Is it possible to get L-1 visa before openning the company in USA? What documents are needed?

You have an office or a company in the USA to apply for the L-1 visa.

 

I have an L-2 visa. However, my husband and I are currently separated but we are both living in the US. We have already applied for the green card and therefore had agreed to not be officially divorced at the moment.

Now, he is saying that he would like to get a separation agreement and that maybe I should start applying for a H1-B visa, just in case. I have been working for the same company in the US for almost 2 years and they have told me that they are willing to apply the H1-B for me if the need arose.

How will applying the H1-B affect the green card process?.

1. Your H1 application willnot affect your green card process.

2. But if your seperation is made legal, your green card processing will stop automatically. Please talk to a lawyer in this matter.

 

My L1 visa Extension has been rejected.I came back from US now and I am in india.But the blanket petition on which the L1 was issued is still valid until 2005.Can I get it stamped using the blanket petition? Also Can I have two visas being processed at the same time i.e can I file for H1 through two different companies.This is cos my current employer wants to file my H1 but I am thinking of processing my H1 through a different company.Thanks in advance for the help.

1. Was the L1 extension rejected in the USA or in India ?.

2. You can file for as many H1s you want and there is no harm in the same. I am sure you would have done the same.

3. You can get the visa stamped in India, provided your company gives you the documentation for the same.

 

I am here in USA in L1B for the past 8 months.

Can i apply for green card for me and my family (wife + 2 kids)?
Is it required to go thru labour clearance? I was told that L1-A visa holders doesn't go thru this labour process, it is applicable for L1-B visa holders?

1. You company has to apply for your green card.

2. L-1 A is only for senior management and director level people.

 

I'm currently in L1B visa and would like to apply for H1B. If my H1B petition approved, will my existing L1B automatically get cancelled? if not, Can I still continue to work with L1B visa with my existing employer though my H1B petition is approved until I decide to change the job?.

1. Your L1is valid till the date it it valid and it doesnot get cancelled.

2. How ever if you have work on your H1 you need to make adjustments of your status ie informing IRS, informing the Social Security etc.,

3. This is needed to prove that you have worked on your H1 and it is a must if you change your job.

4. In case your h1 is applied for by your current employer, you have to documentation from your employer that your status is now H1 and not L1.

5. In case it is applied for by some other employer, you can start to work. But if youleave the country, you will have to get it stamped in India.

 

Currently I'm working on L1 Visa and planning to apply for H1. Here I would like to know whether my L1 will be cancelled once the H1 petition is approved. Or I can still work on L1 till i get the H1 visa stamped on my passport. To put in other words can I work on L1 with a valid H1 petition in hand.

You can continue to work not based on your L1 but based on the approval of your H1. You need to make adjustments in your LCA to that effect.

You can get the L1 stamped while you are in India next time and I think you need to check with your attorney as regards your adjustment of status.

What is the maximum processing time for L-1 visa?

The maximum processing time is three months


Is it possible for me to change my job on an L-1 visa?

No, one cannot change jobs on an L-1 visa.

 

I currently hold an L-1 visa and I am in the process of getting an H-1B visa from a new employer. Are L-I holders entitled to any special privileges, which will help expedite the H-1B process? In addition, can you let me know if I can continue to stay in the US if my current employer revokes the L-1 visa and my H-1B petition has still not been approved?

L-1 visa holders can get their green card applications processed faster than non-L-1 visa holders. Apart from this, L-1 visa holders are not entitled to any special benefits. The processing time for an H-1B visa varies from six to twelve weeks. Please recheck this with your company attorney.

At this stage, it would be advisable to not inform your employer that another company is processing your H-1B visa. You can do this, once the H-1B visa has been approved. In case your L-1 visa is revoked, you can stay in the US till the H-1B is approved. You, however, cannot work for any other organisation till the process comes through.



I'm looking for opportunities in the US. I'm a Sun certified Java programmer. I have 20 months of work experience in India. I'm holding an L-1 visa, which is valid up to June 2001. Can I apply for an H-1B visa now?

Yes, your current employer or the new company can sponsor you for an H-1B visa. When your H-1B visa GETS STAMPED YOUR L1 GETS CANCELLED! To familiarise yourself with H-1B procedures, please visit the Assureconsulting.com site.


I have a valid L1 visa for company ABC and have recently come back from the US. Now I want to convert the L1 visa to H1 visa and work for another company XYZ. Is it possible to convert the L1 visa into a H-1B visa? How much time will it take for the conversion. Second, can I start working immediately after the application has been submitted? Third, can my visa be converted even after the H-1B quota is exhausted for the year?

The L-1 visa CANNOT be converted to H-1B visa. Your employer will have to file a H-1B application, When your H-1B visa, GETS STAMPED YOUR L1 GETS CANCELLED!!

Second, L1 to H-1B transfer is not allowed. We would advise you to wait till the transfer has been approved. Only H1 to H1 transfer is allowed.

Third, transfers are part of the quota and if the INS has exhausted the quota, transfers get unduly delayed.

 

(Disclaimer: We claim no responsibility for the accuracy of the information. Application of the law can vary drastically according to the facts of a particular case, judge or State in USA. The FAQs are not meant to be specific legal advice. The answers must be viewed as general information and are no substitute for the services of a lawyer.)

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