h1-B transfer before effective date 1st Oct 2014

[praveenr999]

Hi,
I have an approved H1-B(fresh application) with effective date from oct 1st 2014 from Company A. But I currently work for company B and I came to US in June 2014 on L1-B status for company B. I have L1-B Visa validity till Nov 2016.

Now Can I apply for h1-B transfer from company A to company B (my current company) while I am on L1 status, before Oct 1st? Because now I told my current company that I got a h1-B approved from company A and might have to leave the current company, now they are ready to keep me in the same company. So I am exploring options for the same. Thanks.

I was earlier planning to go to India in sep 2014 and get my H1 visa stamped and come on H1 for Company A in Oct 2014.

Also wanted to know what would it take to get GC through L1-B status. if my current company starts GC process on L1, how long can I stay in US using my L1-B status? Can I keep on extending L1-B status based on GC completed steps like after PERM or after I-140 etc like h1 ?

My current company is interested to keep me in US and may work towards GC. so please advise the best way for me now.

thanks

[raghvi]

Hi,
I have an approved H1-B(fresh application) with effective date from oct 1st 2014 from Company A. But I currently work for company B and I came to US in June 2014 on L1-B status for company B. I have L1-B Visa validity till Nov 2016.

Now Can I apply for h1-B transfer from company A to company B (my current company) while I am on L1 status, before Oct 1st? Because now I told my current company that I got a h1-B approved from company A and might have to leave the current company, now they are ready to keep me in the same company. So I am exploring options for the same. Thanks.

I was earlier planning to go to India in sep 2014 and get my H1 visa stamped and come on H1 for Company A in Oct 2014.

Also wanted to know what would it take to get GC through L1-B status. if my current company starts GC process on L1, how long can I stay in US using my L1-B status? Can I keep on extending L1-B status based on GC completed steps like after PERM or after I-140 etc like h1 ?

My current company is interested to keep me in US and may work towards GC. so please advise the best way for me now.

thanks

It is possible, but you need to get the transfer petition approved before 01-Oct-2014 OR you can leave US before 01-Oct-2014, and come back after 01-Oct-2014 on your L1 visa to nullify the H1 COS.

As for GC, which category would it be filed under EB1/Eb2/EB3 ? What is your country of Birth?

If it is going to EB2/EB3, and your country of Birth is India, then it can take 6-12 years to get a GC. Unlike H1, L1 cannot be extended based on a pending PERM/Approved I-140. Only H1 can be extended based on a pending PERM/approved I140, so yes, eventually you will have to move to H1 if your GC is being processed under EB2/EB3.


This is my opinion not legal advice.

[praveenr999]

It is possible, but you need to get the transfer petition approved before 01-Oct-2014 OR you can leave US before 01-Oct-2014, and come back after 01-Oct-2014 on your L1 visa to nullify the H1 COS.

As for GC, which category would it be filed under EB1/Eb2/EB3 ? What is your country of Birth?

If it is going to EB2/EB3, and your country of Birth is India, then it can take 6-12 years to get a GC. Unlike H1, L1 cannot be extended based on a pending PERM/Approved I-140. Only H1 can be extended based on a pending PERM/approved I140, so yes, eventually you will have to move to H1 if your GC is being processed under EB2/EB3.


This is my opinion not legal advice.

Thank You for the quick response.
I am planning to go back to India in Sep on a personal matter.
I am from India and I am not in a manager position. I am an individual contributor with specialized knowledge and hence most likely it would come under EB2/EB3.
since L1 can not be extended like H1 based on GC processing steps, only option would be to transfer my approved h1 to my current company.

Options:
1. Since I am planning to leave to India in Sep, if I can complete my h1-B transfer to my company, then I can go for h1 stamping when I go to india in Sep and come to the same company after 1st Oct, with transferred h1. But chances are less that the H1 can be transferred before I leave in Sep, too less time.
2. I go to India in Sep, come back to US in Oct with my L1 status ( not going for H1 visa stamping) and convert to COS to H1 using my approved H1 petition. It would be a H1 transfer with COS, right?
3. Or I cancel my India trip and continue here on L1 status and apply for H1 transfer with COS. In this case, I will have to go for H1 stamping when I go out of US and re-enter?

any other options?