L1B to L1 / H1 Transfer?

[kuldeepsingh]

I've been in the US with CompanyA for 1.5 years and have another year remaining in my L1B. Due to personal reasons I have to quit CompanyA but I want to stay back in the US and work for another company.

I know filing an H1 is possible but wouldn't happen until I file in Apr 2013 and get approved in Oct 2013 which is going to be really a long wait. What options do I have considering the fact that I have to quit my current company very soon...

1) Will I be able to transfer from L1 (from CompanyA) to L1 (of CompanyB) immediately?
2) Will I be able to transfer from L1 (from CompanyA) to H1 (of CompanyB) immediately?
3) Assuming one of the above is possible, What would be the earliest I can legally start working for another company?
4) If above is not possible, what other options do I have to be able to stay back and work for another company in the US?

Any info would highly be appreciated since this is a matter of urgency and part of few major decisions I have to take. Thanks in advance

[raghvi]

I've been in the US with CompanyA for 1.5 years and have another year remaining in my L1B. Due to personal reasons I have to quit CompanyA but I want to stay back in the US and work for another company.

I know filing an H1 is possible but wouldn't happen until I file in Apr 2013 and get approved in Oct 2013 which is going to be really a long wait. What options do I have considering the fact that I have to quit my current company very soon...

1) Will I be able to transfer from L1 (from CompanyA) to L1 (of CompanyB) immediately?
2) Will I be able to transfer from L1 (from CompanyA) to H1 (of CompanyB) immediately?
3) Assuming one of the above is possible, What would be the earliest I can legally start working for another company?
4) If above is not possible, what other options do I have to be able to stay back and work for another company in the US?

Any info would highly be appreciated since this is a matter of urgency and part of few major decisions I have to take. Thanks in advance

1. If you have worked for Company B outside US for at least 1 Year in last 3 Years it might be possible.
2. If you never had an H1, as you yourself mentioned you will have to wait till 01-Oct-2013 to work for Employer B on H1, of course, if B'1s H1 petition is approved.

Prima facie from what you have mentioned, I am afraid the only option that you currently have is to work for Company A till another company B agrees to file H1 for you and start date can only be 01-oct-2013 or later.

This is my opinion not legal advice.

[kuldeepsingh]

1. If you have worked for Company B outside US for at least 1 Year in last 3 Years it might be possible.
2. If you never had an H1, as you yourself mentioned you will have to wait till 01-Oct-2013 to work for Employer B on H1, of course, if B'1s H1 petition is approved.

Prima facie from what you have mentioned, I am afraid the only option that you currently have is to work for Company A till another company B agrees to file H1 for you and start date can only be 01-oct-2013 or later.

This is my opinion not legal advice.

Thanks raghvi for the quick response.

1) I also heard that it would be possible to transfer the L1(CompanyA) to L1(CompanyB) if CompanyA agrees to help (not sure what that help means though)... is this true?
2) Are these the same hurdles if im trying to find a CompanyB job in other countries (like Canada, UK, Germany, etc.)?

Thanks again in advance for the advice.

[raghvi]

Thanks raghvi for the quick response.

1) I also heard that it would be possible to transfer the L1(CompanyA) to L1(CompanyB) if CompanyA agrees to help (not sure what that help means though)... is this true?
2) Are these the same hurdles if im trying to find a CompanyB job in other countries (like Canada, UK, Germany, etc.)?

Thanks again in advance for the advice.

1. I personally have never heard of such a thing. If Company A and Company B are related it may be possible but you will have to check with Company B's lawyers.
2. 01-Oct-2013 is the start date for H1 for 2014 Fiscal Year and is US specific. With regard to other countries, you will have to read immigration rules for other countries.


This is my opinion not legal advice.