L1B visa expiring in June 2013 & Internal Job transfer

[zarna84]

Hi

My LI1b Visa (blanket petition) is expiring in June 2013
Q1- I am going to ask my employer for filing the extension. can somebody help me how much time does it take to get the extension approved and the application fees ?
Q2-While the L1B extension application is in process, Is it possible to file the COS for L1 to H1 on April 1, 2013?
Q3-While still on L1B- can I switch jobs internally to a new position with the same Company?

Thanks for the help in advance

Zarna

[raghvi]

Hi

My LI1b Visa (blanket petition) is expiring in June 2013
Q1- I am going to ask my employer for filing the extension. can somebody help me how much time does it take to get the extension approved and the application fees ?
Q2-While the L1B extension application is in process, Is it possible to file the COS for L1 to H1 on April 1, 2013?
Q3-While still on L1B- can I switch jobs internally to a new position with the same Company?

Thanks for the help in advance

Zarna

When is your L1 B I-94 expiring? Have you ever had an H1 petition filed and approved in last 6 Years?

1. 15 Days in premium without RFE, else can take many months.
2. Yes but if it is fresh H1 the start date can only be 01-Oct-2013 or later.
3. Yes you can as long as you are working for the same company who filed your L1B.

If your I-94 is expiring in June 2013, and you never had an approved H1 in last 6 years, unless your L1 extension is approved you would not be able to either move to H1 or stay in US beyond your I-94 expiry date.

This is my opinion not legal advice.

[zarna84]

When is your L1 B I-94 expiring? Have you ever had an H1 petition filed and approved in last 6 Years?

1. 15 Days in premium without RFE, else can take many months.
2. Yes but if it is fresh H1 the start date can only be 01-Oct-2013 or later.
3. Yes you can as long as you are working for the same company who filed your L1B.

If your I-94 is expiring in June 2013, and you never had an approved H1 in last 6 years, unless your L1 extension is approved you would not be able to either move to H1 or stay in US beyond your I-94 expiry date.

This is my opinion not legal advice.

Hi Raghvi
Thank you for your prompt response

My L1B/I-94 both are expiring on July 2, 2013.

Q1-There was a H1 filed and Approved in April 2010 thru a different employer (but no stamping was done) and eventually my old company also offered me job so I entered US on L1B in June 2010
Q2-Does old H1 petition help in any case if i want to switch to a new job to altogether a new Company under Cap exempt or still Employer has have to apply for a fresh H1B on April 1, 2013?
Q3-Also would it be preferable to switch jobs internally after getting the L1-B extension approval or it doesn't matter?

Thanks
Zarna

[raghvi]

Hi Raghvi
Thank you for your prompt response

My L1B/I-94 both are expiring on July 2, 2013.

Q1-There was a H1 filed and Approved in April 2010 thru a different employer (but no stamping was done) and eventually my old company also offered me job so I entered US on L1B in June 2010
Q2-Does old H1 petition help in any case if i want to switch to a new job to altogether a new Company under Cap exempt or still Employer has have to apply for a fresh H1B on April 1, 2013?
Q3-Also would it be preferable to switch jobs internally after getting the L1-B extension approval or it doesn't matter?

Thanks
Zarna

Since you are already cap counted in last 6 Years you should be able to transfer that H1 petition to the current employer or any other employer and move from L1 to H1 without having to leave US. Remember you have to file the L1 to H1 COS before your L1B I-94 expiry i.e. before 02-July-2013 (suggested to file much before this date ).

If you want to continue working with current employer, considering the L1 B rejection rates and long time taken for extension approvals, I would suggest you to talk to current employer and do a L1 to H1 transfer, internally. They can also transfer to H1 with the new location if that is what is the requirement.

Also, I would advice not to do an internal job transfer while on L1, as it may involve informing USCIS about your work location change and an amendment to the L1 petition thereby inviting scrutiny and possible rejection of L1 amendment and delay the L1 to H1 COS too, if done.

Again, if current employer is not willing to to do a L1 to H1 COS using your old approved H1 petition, and you want to continue working in US, suggest to find yourself a new employer, do a H1 transfer to them using the old approved H1 petition, and at the same time do a L1 to H1 COS and start working for the new employer.

This is my opinion not legal advice.

[zarna84]

Since you are already cap counted in last 6 Years you should be able to transfer that H1 petition to the current employer or any other employer and move from L1 to H1 without having to leave US. Remember you have to file the L1 to H1 COS before your L1B I-94 expiry i.e. before 02-July-2013 (suggested to file much before this date ).

If you want to continue working with current employer, considering the L1 B rejection rates and long time taken for extension approvals, I would suggest you to talk to current employer and do a L1 to H1 transfer, internally. They can also transfer to H1 with the new location if that is what is the requirement.

Also, I would advice not to do an internal job transfer while on L1, as it may involve informing USCIS about your work location change and an amendment to the L1 petition thereby inviting scrutiny and possible rejection of L1 amendment and delay the L1 to H1 COS too, if done.

Again, if current employer is not willing to to do a L1 to H1 COS using your old approved H1 petition, and you want to continue working in US, suggest to find yourself a new employer, do a H1 transfer to them using the old approved H1 petition, and at the same time do a L1 to H1 COS and start working for the new employer.

This is my opinion not legal advice.

HI Raghavi,
Just wanted to update that my Company will be filing a L1-B extension. Worst scenario if it gets rejected will file an H1 transfer as I was cap counted in 2010.
I had a question for you that the H1B approval notice mentions valid untill 9/15/2013. Does it mean it is valid only till that date or am I counted for 6 years and can use it anytime incase want to switch jobs in future?.

Thanks and appreciate all the help.