L1 H1 Question

[kganesh]

Hi

I have few question regarding L1 and H1. Below is some background

1. I came to US in 2006 on L1B
2. I have applied for H1B in 2008 and valid upto Sep 30 2011. However, I did not use my H1B.
3. Applied for L1B extension in Jan 2009 which resulted in a query and have to leave the country in April 2009 and had to withdraw the extension.
4. Stayed for 1.5 years in India and came back to US in Oct 2010 on a fresh L1A valid for 3 years

Questions

1. If I change from L1A to H1B then what would be the vailidty of H1B

2. What are the chances of approval for a change from L1A to H1B

3. Can I extend H1B beyond Sep 30, 2011 and for how many years beyond sep 2011

Thanks

[shervin143]

1. If I change from L1A to H1B then what would be the vailidty of H1B
>>> 6 years minus whatever time spend on L1A (Assuming yu apply in a fresh H1B CAP on April 1st).

2. What are the chances of approval for a change from L1A to H1B
>>> Hypothetical question. No one can predict the result. It depends on the employer who files the petition and the documents that you submit.

3. Can I extend H1B beyond Sep 30, 2011 and for how many years beyond sep 2011
>>> Do not use the old H1B CAP while filing the H1B with the new employer. If you file it on a fresh H1B CAP, then you will get 6 years minus the time that you have currently spent on L1A.

[kganesh]

Hi

All my questions are in reference to using my old H1B

[kganesh]

If I have to use Old H1B cap with new H1 employer will I get the I 94 upto Sep 2011 or will I get beyond that as I was in US only for 3.5 years in the old cap

[shervin143]

6 year period will include the time spend in L1 status + H1B status.

If I have to use Old H1B cap with new H1 employer will I get the I 94 upto Sep 2011 or will I get beyond that as I was in US only for 3.5 years in the old cap

[kganesh]

Got your point. i have 2.5 years left from the old H1 cap.

as my old H1 petition expires in sep 2011, if I apply for a change of status from my new L1 to Old H1 cap with a new H1 employer

1. will I get approval only upto sep 2011 and then apply for xtn to stay beyond sep 2011

or

2. will I get approval directly to my end of 6 yrs which is almost 1.5 yrs beyond sep 2011

[shervin143]

The old petition expiry date has nothing to do here. It is the CAP from the old H1B petition that is used and its expiry date doesn't matter. If you have 1.5 years left in the old CAP (6 years minues time spent in H1B status minues time spend in L1 status), then upon showing proper work itinerary by your employer for 1.5 years, you can get the new petition approved for 1.5 years.

[kganesh]

Thanks Shervin. This helps a lot.

1. Should the H1 transfer and change of status be applied together or can it be one after the other.

2. How much does it generally cost for the H1 transfer and COS

3. In case of any rejections/RFE(for any reason), Can I continue to work on L1 until my L1 I 94 is valid?

[shervin143]

1. Should the H1 transfer and change of status be applied together or can it be one after the other.
>>> H1B transfer is a term used when you are already in H1B status. You are in L1 status now. So it is just a new H1B on the old CAP filed as a COS from L1.

2. How much does it generally cost for the H1 transfer and COS
>>> Cost is not the same for all the employers. It depends on the number of employees working with the company, the number of H1B employees etc. Check the USCIS web site to determine the actual cost. H1B is an employer's petition and the cost should be paid by the employer.

3. In case of any rejections/RFE(for any reason), Can I continue to work on L1 until my L1 I 94 is valid?
>>> Yes. However, if the COS gets approved, then you can no longer work for the L1 employer. You will need to immediately start working for the H1B employer. If you need time to serve a notice, then the L1 employer should file the COS with a future start date.

[kganesh]

Thanks Shervin. This is a wonderful forum to get basic understanding of how things work.

Sorry but few more questions

1. As per the agreement which is on indian 100 Rs bond paper i need to serve 2 months notice which I guess does not have any value in USA. so can I just give 1 week notice

2. if I have to give a two week notice then my L1 employer may have every opportunity to withdraw my L1 before my COS changes to H1 and does that impact in any way to me

[shervin143]

1. As per the agreement which is on indian 100 Rs bond paper i need to serve 2 months notice which I guess does not have any value in USA. so can I just give 1 week notice
>>> I won't be able to comment on this since this is a civil matter between you and your employer.

2. if I have to give a two week notice then my L1 employer may have every opportunity to withdraw my L1 before my COS changes to H1 and does that impact in any way to me
>>> You should never resign from the L1 employment until the H1B gets approved. If for any reason the COS to H1B gets denied, you will be in a deep trouble. You always have the option of requesting the employer to file the COS with a h1B start date in future. Let us say you wnat to file the COS today. It takes 2-3 months by normal process (and 15 days by premium). If you add 2 months to it (to serve the notice period) and make it your h1N efective date (Should be requested by the employer after a proper calculation), then you can server and notice period and join the H1B employer on the effective date of the H1B COS. The employer can request a start date until 6 months in advance.

[kganesh]

Thanks Shervin

Is it true that the employer has to apply for a LCA first which would take 10 days and then will have to apply for H1b transfer and COS which would take another 15 days (Premium). If this is the case then it will take around 25 days for the H1B approval and COS, right?

[shervin143]

That is correct.

Thanks Shervin

Is it true that the employer has to apply for a LCA first which would take 10 days and then will have to apply for H1b transfer and COS which would take another 15 days (Premium). If this is the case then it will take around 25 days for the H1B approval and COS, right?

[kganesh]

Shervin

I just had an interview for full time employment and they have requested for 3 months pay slips from previous h1 employer to have a H1 transfer. Considering my situation as I have never worked with that previous H1 Employer they offered for contracting and apply COS from my current L1 to Previous H1 Employer

- Does it require 3 months pay slips for H1 transfer in my case?


- If I go with COS to old H1 employer I have following questions

1. my old petition expires Sep 2011. Will I still get the validity upto sep 2011 though my current L1 I94 shows validity upto 2013

2. Is there a possibility that I get beyond Sep 2011 while I apply for COS

3. If for some reason I get validity upto sep 2011 then what is the earliest time for me to go for GC processing

4. My old petition when applied there was less sal mentioned but i should get more. What should I do to ensure new revised salary

5. Sorry but this one may be a very weired question. In case I get the validity only upto sep 2011 and can I join back my L1 (with another COS) as my blanket petition is valid upto 2013 (Assuming that the terms are still good)

- Either new employer or old employer, I hope L2 to H4 COS will get approved if my L1 to H1 gets approved



Thanks a bunch for all the help that you are extending through this forum

[shervin143]

- Does it require 3 months pay slips for H1 transfer in my case?
>>> Since you are in L1 status now, the latest pay slips from the L1 employer is required for the COS to H1B.

- If I go with COS to old H1 employer I have following questions

1. my old petition expires Sep 2011. Will I still get the validity upto sep 2011 though my current L1 I94 shows validity upto 2013
>>> The validity of the new H1B petition has got nothing to do with your old H1B petition or your current L1 I-94. It depends on the remaining term in that H1B CAP and the work itinerary provided by your H1B employer. If you have 2 more years remaining in that H1B CAP and if your employer can show work only for 1 year, then you will get only 1 year. Hope you get the point.

2. Is there a possibility that I get beyond Sep 2011 while I apply for COS
>>> Yes. Read the answer to the previous question.

3. If for some reason I get validity upto sep 2011 then what is the earliest time for me to go for GC processing
>>> PERM (labor) should be filed 365 days prior to the 6th years end.

4. My old petition when applied there was less sal mentioned but i should get more. What should I do to ensure new revised salary
>>> Forget about your old petition. If the employer is willing to pay you more now, then they have to mention that in the LCA. You will need to get paid as per the approved LCA.

5. Sorry but this one may be a very weired question. In case I get the validity only upto sep 2011 and can I join back my L1 (with another COS) as my blanket petition is valid upto 2013 (Assuming that the terms are still good)
>>> COS from H1B to L1 is not a good idea. The best option is to leave the country and re-enter in L1 visa and start working for the L1 employer.

- Either new employer or old employer, I hope L2 to H4 COS will get approved if my L1 to H1 gets approved
>>> That doesn't happen automatically. When the employer files your H1B petition, they should also file your dependents H4 petition. Otherwise your dependents will go out of status on L2.