L2 to H1B -- COS

[deephoenix]

I am currently in India and have got an H1B visa in 2011. Though I don't intend to join the employer (company X) right now, I will join them in March 2011 (mutual understanding with employer). I have few questions if someone may clarify --

1. My husband will be going to US on L1 with company A in Dec 2010, and I'll join him and work there on L2. In case my husband does a COS to H1B , I will also like to do COS from L2 and work on H1B. I know my employer (company X) will have to re-file the H1B petition, but I believe I won't be cap-counted since I already have been cap-counted in 2011 as mentioned above. Is it a simple process or is there any fine print to be noted for this?

2. Will my having worked with another company on L2 affect my prospect of working with company X on H1b visa later on?

3. My husband has used 3 years of his H1b till 2009, and he also intends to do COS from L1 (company A) to H1b (compamy B) around Feb 2011. He already has company B interested in filing for his H1b. I believe even he won't be cap counted again for H1b visa.

4. In a nut shell I believe it must be simple for him and me to do a COS from L1/L2 to H1b/H1b respectively.

Thanks for responding.

[shervin143]

1. My husband will be going to US on L1 with company A in Dec 2010, and I'll join him and work there on L2. In case my husband does a COS to H1B , I will also like to do COS from L2 and work on H1B. I know my employer (company X) will have to re-file the H1B petition, but I believe I won't be cap-counted since I already have been cap-counted in 2011 as mentioned above. Is it a simple process or is there any fine print to be noted for this?
>>> It is a simple process. Once the COS from L2 to H1B gets approved, you can start working for the H1B employer.

2. Will my having worked with another company on L2 affect my prospect of working with company X on H1b visa later on?
>>> No.

3. My husband has used 3 years of his H1b till 2009, and he also intends to do COS from L1 (company A) to H1b (compamy B) around Feb 2011. He already has company B interested in filing for his H1b. I believe even he won't be cap counted again for H1b visa.
>>> H1B + L1 in total is for 6 years. If his H1B employer files a COS, he will get the remaining period in that CAP (^ years - time spent on H1B - Time Spent on L1).

4. In a nut shell I believe it must be simple for him and me to do a COS from L1/L2 to H1b/H1b respectively.
>>> Yes. But you will need to wait until the COS gets approved to work for the H1B employer.

[deephoenix]

H1 + L1 6 year condition

Thanks for response. There is a doubt though.

My husband has lived 3 years on H1 in US. Since Jan 2010, he has been staying in India. So, I guess it's his choice to not being counted against cap again and live there on H1 for another 3 years OR be counted afresh for 6 years.

My question is how does L1 figure in all this as there is no cap involved there. If he goes on L1 and then does COS on H1 say after 6 months then does he have only 2.5 years on that h1. Plus if he does file a new H1(not using old cap number) then does he get H1 again for 6 years. Bit confusing for me.

[shervin143]

L1 + H1B together is for 6 years. If he has already spent 3 years on H1B, then he can stay in L1 only for 3 more years. To get a fresh H1B (Fresh 6 year period), he should stay out of U.S for 1 year. If he enters in L1 now, then he will not be eligible to get a fresh 6 year term in H1B.

[deephoenix]

Thanks.
Just to clarify if he goes on L1 in Feb 2011 --he will be out of US for more than 1 year, so then he will be eligible for H1 for 6 years.
So you will suggest better go to US in Feb so he will be eligible for 6 year fresh H1.

Also he went to US on B1 for 20 odd days in Apr 2010. Is that also counted for being not out of US for 1 year.

[shervin143]

Just to clarify if he goes on L1 in Feb 2011 --he will be out of US for more than 1 year, so then he will be eligible for H1 for 6 years.
So you will suggest better go to US in Feb so he will be eligible for 6 year fresh H1.
>>> Yes. But a fresh H1B petition that is subjected to new CAP need to be filed and approved.

Also he went to US on B1 for 20 odd days in Apr 2010. Is that also counted for being not out of US for 1 year.
>>> Actually he should have stayed 1 complete year out of U.S to get a fresh 6 year term. However, I remember reading that short trip on B1/B2 are okay. Let us see what the other members in the forum has to say about that. It is advisable to consult an immigration attorney to get more specifics about the B1 visit.

[deephoenix]

So, if he goes on L1 visa and stays on that status till Oct 2011 and then applies for a new H1 in Oct 2011, he will get an H1 for 6 years after being cap counted. Point is that new H1 requires you to stay out of US for 1 year which he will do till Feb 2011 but then being on L1 for few months and applying for H1 in 2011 will still give him 6 years H1. Won't they club this L1 stay with new H1 stay in any way?

[shervin143]

L1 + H1B together is for 6 years. Please read the earlier replies one more time.

So, if he goes on L1 visa and stays on that status till Oct 2011 and then applies for a new H1 in Oct 2011, he will get an H1 for 6 years after being cap counted. Point is that new H1 requires you to stay out of US for 1 year which he will do till Feb 2011 but then being on L1 for few months and applying for H1 in 2011 will still give him 6 years H1. Won't they club this L1 stay with new H1 stay in any way?