H1B from L1B scenarios

[b1983]

Hi All,

I am currently on L1B and thinking about moving to a different company via H1B application. I understand that application is in April, employment can start 1 Oct earliest. What I am not clear about is when does the H1B status start legally and when it does, does it clash with the L1B?

I can see these scenarios to minimize time outside the country but maximize income Is any of these feasible/make sense?

My home country is part of the EU, I can have ESTA if necessary. My L1 & I-94 is valid till Jan 2016.


Scenario A:
1. Company B files for H1B application non-premium
2. H1B doesn't get approved until 1st Sep (chances?)
3. 1st Sep upgrade to Premium
4. 15th Sep approval (80% chance, right?)
5. I am still on L1B with my old company since April, so now have to resign with two weeks notice
6. Can start working Oct 1 at Company B

Scenario B:
1. Company B files for H1B application premium
2. H1B gets approved by end of April
3. I am still on L1B with my old company since April, resign at 15th Sep with two weeks notice
4. Can start working Oct 1 at Company B

Scenario C:
1. Company B files for H1B application premium
2. H1B gets approved by end of April
3. I have to resign from my old company because I am on H1B status from this point
4. I have to leave the country and come back on tourist visa
5. a Can I legally work as a contractor having my own company setup in the States until 1st October?
b Can I legally work parttime at somewhere else?

Thanks a lot in advance for the advice!!!

[raghvi]

Hi All,

I am currently on L1B and thinking about moving to a different company via H1B application. I understand that application is in April, employment can start 1 Oct earliest. What I am not clear about is when does the H1B status start legally and when it does, does it clash with the L1B?

I can see these scenarios to minimize time outside the country but maximize income Is any of these feasible/make sense?

My home country is part of the EU, I can have ESTA if necessary. My L1 & I-94 is valid till Jan 2016.


Scenario A:
1. Company B files for H1B application non-premium
2. H1B doesn't get approved until 1st Sep (chances?)
3. 1st Sep upgrade to Premium
4. 15th Sep approval (80% chance, right?)
5. I am still on L1B with my old company since April, so now have to resign with two weeks notice
6. Can start working Oct 1 at Company B

Scenario B:
1. Company B files for H1B application premium
2. H1B gets approved by end of April
3. I am still on L1B with my old company since April, resign at 15th Sep with two weeks notice
4. Can start working Oct 1 at Company B

Scenario C:
1. Company B files for H1B application premium
2. H1B gets approved by end of April
3. I have to resign from my old company because I am on H1B status from this point
4. I have to leave the country and come back on tourist visa
5. a Can I legally work as a contractor having my own company setup in the States until 1st October?
b Can I legally work parttime at somewhere else?

Thanks a lot in advance for the advice!!!

Only Scenario A and B are possible. Scenario C cannot happen as you move to H1B status only from 01-Oct-2014 or beyond not before that. Till 01-Oct-2014 you can stay and work on L1.

Few things to take care of
1. If you apply L1 to H1 as COS then once COS is approved and comes into affect lets say on 01-Oct-2014, you must and should work only and get paid with H1 employer (unless you do leap frog).
2. If you apply L1 to H1 as consular process, and approved, you dont move to H1 status unless you leave US , get H1 stamped and return on H1 OR file an amendment to convert from consular process to COS.
3. Things can be different if you plan to leave US between now and H1 start while h1 is pending.

This is my opinion not legal advice.

[b1983]

H1B from L1B scenarios

Thank you very much, raghvi!