L1 to H1 transfer with new employer

[hippohood]

Dear experts,

I realize that the question has been asked a million time already, but, please, help me clarify.

I am currently on L1 visa status in the US. I spent in the US exactly 3 years now and just renewed my L1 visa in summer 2011. My current employer wants to relocate me back to Russia (my home country). I will have to leave the USA in less than weeks (I stay employed with this company yet)

I want to stay in the US and looking for job now. I expect that I will get a job offer within a period of 1-2 months. I understand that my prominent employer will have to file H1B for me, but do not understand the details

My questions:

1) When I will leave the country (in ~1 month from now) for the new assignmen will my current L1 visa be revoked immediately? Will the process of acquiring H1B visa become more complicated as a result?

2) I know there are quotas for work visas. Are they separate fro L1and H1 visas? Is it considered that I still have a quote, since I have renewed my visa in June 2011?

3) Can the H1B visa processing with my new employer be done in such way that my current employer is completely unaware about it?

4) How difficult it is to file L1 to H1B for a new employer in my case - assuming that my profficiency is in a high demand and they have been posting them fo rmonths? How quick it will be (total time) with Premium processing?

5) I plan to relocate back to home alone, leaving my family (who are currently on L2 status) in the US until I find a new job in the US. Can they stay in the US until i-94 expire, or are they required to move with me?

Thank you in advance
Alex

[raghvi]

L1 to H1 transfer with new employer

The L1 visa wont be revoked, it might be cancelled when you go for H1 stamping later on, provided it gets approved. You can work on H1 only after 1st Oct 2012 as the current quota is filled up and next year quota will open only on 1st April 2012. If you are no longer in the country working on L1 , your dependents will also be no longer in L2 so they have to leave with you. If they dont leave with you it might be problem later on when you try to come back for H1 and they on H4. This is my opinion, please do seek expert opinion too.

[shervin143]

1) When I will leave the country (in ~1 month from now) for the new assignmen will my current L1 visa be revoked immediately? Will the process of acquiring H1B visa become more complicated as a result?
>>> Any time you spend in U.S without a valid job with the L1 employer (unless you had a previous H1B CAP in which you have not utilized all 6 years and a new employer filed a H1B petition on your behalf before your last working day with the L1 employer) will treated as out of status period.

2) I know there are quotas for work visas. Are they separate fro L1and H1 visas? Is it considered that I still have a quote, since I have renewed my visa in June 2011?
>>> There is no quota for visa. But there are quotas for H1B petitions. If you never had a H1B petition in the past in which you haven't utilized all 6 years, then your only option is to go for a H1B on a new CAP that will open on April 1st 2012. When filed under a new CAP, the employment start date will be on or after October 1st 2012.

3) Can the H1B visa processing with my new employer be done in such way that my current employer is completely unaware about it?
>>> Yes.

4) How difficult it is to file L1 to H1B for a new employer in my case - assuming that my profficiency is in a high demand and they have been posting them fo rmonths? How quick it will be (total time) with Premium processing?
>>> Again, the CAP for 2012 is already closed. Did you have an approved H1B petition in the past in which you have not utilized all 6 years (H1B + L1 combined)? If no, then you do not have any option other than to leave the country now.

5) I plan to relocate back to home alone, leaving my family (who are currently on L2 status) in the US until I find a new job in the US. Can they stay in the US until i-94 expire, or are they required to move with me?
>>> They are your dependents. Without a valid L1, there is no L2. They will go out of status on L2 the minute your leave the country or the minute you stop working for the L1 employer. Being out of status can cause issues with future petitions, visa stampings and GC process.

[hippohood]

Thank you both for your answers.

It seems like I don't have other options than leaving country with my family for now. I was completely unprepared to this situation. Anyway, if I find an employer who is ready to file a petition for me in April and wait for me till October...

A few more question, if I may...

1) is there any reason that I will not be given visa (assuming my new employer is willing and proficient and there is no bad reputation on my side)?

2) When you say that the work can start in October or later - what does particular date depends on?

[shervin143]

1) is there any reason that I will not be given visa (assuming my new employer is willing and proficient and there is no bad reputation on my side)?
>>> If all the documents are in order and if the job is genuine and if the employer hasn't violated any H1B regulations and if your immigration record is clean, then there is no reason for rejection.

2) When you say that the work can start in October or later - what does particular date depends on?
>>> The H1B approval notice will come with an effective date. You cannot work in H1B status until the petition becomes effective. For a petition that is filed under a new CAP, the earliest start date will be October 1st.