L1b to H1b Transfer - please assist

[AKPKP]

Hi All,

I am working on L1b visa in US and I am planning to do the H1b process(Change of status).Please clarify my doubts.

1.If i am starting the process now,then we can change and work on H1b from Oct 1st 2011 .In my case,i am not sure about the project duration.Should i have to stay in US till Oct 1st week for change of status.

2.I heard that we have the option to process our h1b petition now and activate my h1b visa later.
For example,instead of joining my new employer from Oct 1st,i can join by Dec 2011.till that i can work with my current employer.(my concern is notice period and other formalities).is it possible to do like this or i have to join on Oct 1st itself.

Thanks in advance
AKPKP

[shervin143]

1.If i am starting the process now,then we can change and work on H1b from Oct 1st 2011 .In my case,i am not sure about the project duration.Should i have to stay in US till Oct 1st week for change of status.
>>> It is not always Oct 1st. If your H1B is filed as a COS from L1 and if this is a fresh H1B petition (Not filed based on a previously approved H1B CAP), then the effective date of the H1B can be on or after Oct 1st. The effective date of the H1B will be printed in the approval notice and you should be working for the H1B sponsor starting that date or you will be considered out of status on H1B. And yes, until the H1B gets effective you need to maintain any other valid status in U.S. Alternatively, you can leave the country and return back anytime in H1B visa to work for the H1B sponsor.

2.I heard that we have the option to process our h1b petition now and activate my h1b visa later.
For example,instead of joining my new employer from Oct 1st,i can join by Dec 2011.till that i can work with my current employer.(my concern is notice period and other formalities).is it possible to do like this or i have to join on Oct 1st itself.
>>> It depends on how your employer files your H1B petition. Your employer can file the H1B petition as consular process (the H1B approval won't come with a new I-94) instead of a COS from L1. That way, your status won't automatically change to H1B and whenever you are ready to work for the H1B employer, you can leave the country, get the H1B visa stamped and return back in H1B visa.

Another alternative is that your employer can file the H1B as a COS from L1, but request the effective date to be in future and not immediate. The employer can request an effective date of up to 6 months in future. So your H1B approval notice will come with a new I-94, but the effective date is in future giving you enough time to serve your notice period. You need to be maintaining a valid status in U.S until the H1B becomes effective.

[AKPKP]

Hi Shervin,

Thanks for your quick response.

You mentioned that "the employer can request an effective date of up to 6 months in future".For example,If i am requesting my new employer to get the effective date from Dec 2011 and my current employer is asking me to leave this country by Nov 2011,then in that case can we change the effective date from Dec 2011 to Nov 2011?how much time it would take to change?

And also can we change the process from COS to Consular service(If i am leaving this country)?

Regards
AKPKP

[shervin143]

You mentioned that "the employer can request an effective date of up to 6 months in future".For example,If i am requesting my new employer to get the effective date from Dec 2011 and my current employer is asking me to leave this country by Nov 2011,then in that case can we change the effective date from Dec 2011 to Nov 2011?how much time it would take to change?
>>> That is just waste of time or money. An H1B amendment need to be filed and it can take anywhere between 2-3 months to get approved. Until approved, you cannot work for the H1B employer since your status will continue to be L1 until the H1B gets effective. There is a premium processing for an additional $1250 which will get you the result within 15 days.

And also can we change the process from COS to Consular service(If i am leaving this country)?
>>> If you are leaving the country, just return the I-94 that comes with the approval notice (You have to detach the I-94 that comes with the approval notice and attach it to your passport and the airport officials will take remove it when you leave). To return back, get the H1B stamped and return back in H1B visa. You don't need to do anything else.

Regards
AKPKP[/QUOTE]