L1B to H1B with COS / GC Processing - Need Info

[sonofgun]

My current situation - My 5 years L1B with Company A expires in Jul-2016, both the visa and I94.

On Apr 01 2015, I am applying for H1B 2016 (COS) via Company B.

Here are my questions?

- Assuming that the H1B COS gets approved, if I decide to continue with Company A, how do I continue working on my L1B after Oct 1 2015?

- Is it possible to defer my start with my H1B Company B to a later date in 2015 or 2016?

- If I want to get Company B to process GC, when do they need to start processing assuming my 6 years L1/H1 stay will end in Jul 2017?

[raghvi]

My current situation - My 5 years L1B with Company A expires in Jul-2016, both the visa and I94.

On Apr 01 2015, I am applying for H1B 2016 (COS) via Company B.

Here are my questions?

- Assuming that the H1B COS gets approved, if I decide to continue with Company A, how do I continue working on my L1B after Oct 1 2015?

- Is it possible to defer my start with my H1B Company B to a later date in 2015 or 2016?

- If I want to get Company B to process GC, when do they need to start processing assuming my 6 years L1/H1 stay will end in Jul 2017?

- If H1 is applied as COS and is approved but you still want to continue working with the L1 employer then you would need what si called a "leap-frog", i.e., leave US before H1 COS start date and return back in L1 status after COS start date. When is your L1 stamping in passport expiring?

- Yes by getting them to process H1 as consular processing.

- B can start GC now itself without you joining them, but any employer would be reluctant to do so without the employee yet joining them.
There are two ways in which you can stay beyond 6th Year. One, if your PERM has been filed and is pending for 365 days or more, that means your PERM should be filed by July 2016, in order for that to happen I would say the paperwork would have to start much earlier, start of 2016 wold be ideal to start the paperwork.
Second way is when your I140 is approved. PERM itself can sometimes take over a year if it goes into audit, so advisable to get GC filed before your 5th Year completes.

This is my opinion not legal advice.

[sonofgun]

- If H1 is applied as COS and is approved but you still want to continue working with the L1 employer then you would need what si called a "leap-frog", i.e., leave US before H1 COS start date and return back in L1 status after COS start date. When is your L1 stamping in passport expiring?

- Yes by getting them to process H1 as consular processing.

- B can start GC now itself without you joining them, but any employer would be reluctant to do so without the employee yet joining them.
There are two ways in which you can stay beyond 6th Year. One, if your PERM has been filed and is pending for 365 days or more, that means your PERM should be filed by July 2016, in order for that to happen I would say the paperwork would have to start much earlier, start of 2016 wold be ideal to start the paperwork.
Second way is when your I140 is approved. PERM itself can sometimes take over a year if it goes into audit, so advisable to get GC filed before your 5th Year completes.

This is my opinion not legal advice.

Thanks for your quick response. Very useful info.

- My L1 stamping is expiring July 2016.

- If we do the L1 to H1 COS, can I still do the "leap-frog" and defer my start with the H1 company?

- What would I need to do to start working for the H1 company after and how much processing time would it take?

[raghvi]

Thanks for your quick response. Very useful info.

- My L1 stamping is expiring July 2016.

- If we do the L1 to H1 COS, can I still do the "leap-frog" and defer my start with the H1 company?

- What would I need to do to start working for the H1 company after and how much processing time would it take?

- Leap Frog does not in itself defer your starting date, what it does allow you is to keep the option of working with L1 employer and nullify the COS.
- In order to work with H1 employer a L1 to H1 COS would have to be refiled by the H1 employer as and when you are ready to work with them.

This is my opinion not legal advice.