L1 B to H1 B

[fonzveroli]

Hi ,

I got my L1B from company A on Mar 2008. I came to US on May 2008, worked till Jul 2010 . Returned in Feb 2011, applied for extn and obtained extn till 2013, VISA is stamped, I 94 is valid till Mar 2013 . All for the same company A.
Company B has agreed to sponsor my H1 this year through COS . Here are my questions
1) Is COS a better idea or CP in my case.
2) How many years of H1 would I possibly get, even if it gets approved
3) If my H1 is approved, how much time will I have to make the shift ? I am sure there should be some grace period.
4) I am planning to get married and return back in Oct. Will it complicate matters ?

Cheers

[shervin143]

1) Is COS a better idea or CP in my case.
>>> Well, you need to decide that. With COS, your status will automatically change to H1B and you can work for the H1B sponsor without leaving U.S. With CP, you cannot work until you get the H1B stamped and return back in H1B visa.

2) How many years of H1 would I possibly get, even if it gets approved
>>> No one can predict that. It depends on the work itinerary provided by your employer. The total time that you can stays in H1B + L1 combined is 6 years (unless the employer starts the GC process before the start of the 6th year) . You do the math.

3) If my H1 is approved, how much time will I have to make the shift ? I am sure there should be some grace period.
>>> There is no such grace period. If the H1B is filed as a COS (new I-94 attached to the approval), then you should be working for the H1B sponsor as of the H1B effective date. Any employment with the L1 sponsor after that is illegal employment.

4) I am planning to get married and return back in Oct. Will it complicate matters?
>>> If you are planning to leave the country and return back in October, then you should go for Consular processing instead of COS. That way, you can continue to work for the L1 employer and when you decide to work for the H1B sponsor you can get the H1B/H4 stamped and return back. The H1B petition will be effective on or after Oct 1st.

[fonzveroli]

L1B to H1B

Thanks for the quick reply Shervin ! It helps me a lot. I have a few more clarifications

I do not know much about the company willing to sponsor me H1. They have already made it clear they would not sponsor my Green Card. My total time in the US would be 3 yrs and 10 Months by Oct , so I have about 2 years time. Assuming my new company B gets my VISA for 2 years, and I have to complete the mandatory 1 year contract with them , I will still have 1 year to find a company to sponsor my Green Card .

My plan is to return back by July, so both options COS and CP are available for me. My problem is come Oct 1, and suddenly I am in a situation that I have to shift and the related complications with company A. I have been with them for more than 6 years.

My other problem is if I fail to find a company to sponsor my GC, I would have to go back to India and find a new job .

Cheers

[shervin143]

So what is the question.

Thanks for the quick reply Shervin ! It helps me a lot. I have a few more clarifications

I do not know much about the company willing to sponsor me H1. They have already made it clear they would not sponsor my Green Card. My total time in the US would be 3 yrs and 10 Months by Oct , so I have about 2 years time. Assuming my new company B gets my VISA for 2 years, and I have to complete the mandatory 1 year contract with them , I will still have 1 year to find a company to sponsor my Green Card .

My plan is to return back by July, so both options COS and CP are available for me. My problem is come Oct 1, and suddenly I am in a situation that I have to shift and the related complications with company A. I have been with them for more than 6 years.

My other problem is if I fail to find a company to sponsor my GC, I would have to go back to India and find a new job .

Cheers