L1 -B to H1-B Transfer

[pahana]

Hi,
Currenlty I'm working with Company A and holding L1-B visa. Now I would like to transfer my visa to H1-B. Please answer the following queries in this regard.

1) Do I need to go to regular slot ( either october or April) to transfer the visa?

2) Can I transfer my visa at anytime?

3) How long it will take for this transfer?

[bzuccaro]

Hi,
Currenlty I'm working with Company A and holding L1-B visa. Now I would like to transfer my visa to H1-B. Please answer the following queries in this regard.

1) Do I need to go to regular slot ( either october or April) to transfer the visa?

2) Can I transfer my visa at anytime?

3) How long it will take for this transfer?

You will be subject to the cap, unless you qualify for one of the following exemptions:

Petitions submitted on behalf of individuals with a U.S.-earned master’s or higher degree;

Petitions for new H-1B employment with an institution of higher education or a related or affiliated nonprofit entity, or at a nonprofit research organization or a governmental research organization;

Petitions submitted on behalf of citizens of Singapore and Chile, who are subject to another cap under free trade agreements made with those countries;

Certain petitions submitted on behalf of individuals who were counted toward an H-1B cap within the past six years who have not left the U.S. for more than one year since obtaining H-1B status; or

Petitions submitted on behalf of physicians who have obtained a waiver of the J-1 visa two-year residence requirement.

If you do not qualify for one of these exmeptions you will have to wait to file for your change of status from L-1 to H-1B until April 1, 2007.

Best of luck.

Sincerely,

Brian D. Zuccaro


Legal information provided via message boards is insufficient to resolve the complex legal issues that arise in immigration cases. Before acting upon this information, consider consulting an attorney in an environment where you can fully explain your case.