L1B to H1B - Urgent please

[strkit]

Hi

I'm currently working on L1B visa which is valid till March 2015 and I 94 valid through July 2015. The L1B I have is the 2nd visa which I got last year. I came to US in October 2009 for the first time and complete 5 years on L1 by October 2014. Do I need to file extension in 2014 itself even though I have valid visa and I 94 till 2015?

Also when if try to get H1 from different employer how long can I stay in US?

[raghvi]

Hi

I'm currently working on L1B visa which is valid till March 2015 and I 94 valid through July 2015. The L1B I have is the 2nd visa which I got last year. I came to US in October 2009 for the first time and complete 5 years on L1 by October 2014. Do I need to file extension in 2014 itself even though I have valid visa and I 94 till 2015?

Also when if try to get H1 from different employer how long can I stay in US?

L1B is for 5 Years. So if your 5 Years physical stay is completing in October 2014 then you should not stay beyond that date even if you have a valid visa/valid I-94. Remember, you have to calculate your physical stay in US time. So if Between Oct 2009 - Oct 2014 if you spent some time outside US that time can be recaptured.

L1B+H1B can be for Max 6 Years. So if you have been physically present in US for entire 5 Years from Oct-2009 till Oct-2014 then if L1 to H1 is approved, then H1 can be will be valid for only 1 Year that is till Oct 2015. In order to stay beyond Oct-2015 you have to initiate your GC by Oct 2014.

This is my opinion not legal advice.

[strkit]

L1B is for 5 Years. So if your 5 Years physical stay is completing in October 2014 then you should not stay beyond that date even if you have a valid visa/valid I-94. Remember, you have to calculate your physical stay in US time. So if Between Oct 2009 - Oct 2014 if you spent some time outside US that time can be recaptured.

L1B+H1B can be for Max 6 Years. So if you have been physically present in US for entire 5 Years from Oct-2009 till Oct-2014 then if L1 to H1 is approved, then H1 can be will be valid for only 1 Year that is till Oct 2015. In order to stay beyond Oct-2015 you have to initiate your GC by Oct 2014.

This is my opinion not legal advice.

Thank you so much for the detailed response. My physical stay here so far is 27 months (First time 4 months + Second time 11 months + 12 months now). And now I have my visa valid till June 2015 & I94 till July 2014. So I believe I can stay here till July 2015 without any issues. I have few more questions.

1. Do I need to do anything to recapture the time period I was in India even though I have valid VISA & I94?
2. If my current company applies for L1A in 2015, can I stay for 7 more years, or it will be L1B + L1A = 7years?

[raghvi]

Earlier you mentioned "visa which is valid till March 2015 and I 94 valid through July 2015" Now you are saying "I have my visa valid till June 2015 & I94 till July 2014" . Which one is correct?

You can stay till I-94 expiry or 5 Year completion whichever is earlier. Extension can be applied till 5 Years L1B completion.

L1B+L1A combined can be for Max 7 Years.

If your L1 amendment is not applied as soon as you get the Managerial role/promotion USCIS can later deny L1B to L1A COS.
Also, L1A has to be applied at least 6 Month before L1B tenure completion or as soon as promotion to manager/executive level whichever is earlier.

This is my opinion not legal advice.

[strkit]

Earlier you mentioned "visa which is valid till March 2015 and I 94 valid through July 2015" Now you are saying "I have my visa valid till June 2015 & I94 till July 2014" . Which one is correct?

You can stay till I-94 expiry or 5 Year completion whichever is earlier. Extension can be applied till 5 Years L1B completion.

L1B+L1A combined can be for Max 7 Years.

If your L1 amendment is not applied as soon as you get the Managerial role/promotion USCIS can later deny L1B to L1A COS.
Also, L1A has to be applied at least 6 Month before L1B tenure completion or as soon as promotion to manager/executive level whichever is earlier.

This is my opinion not legal advice.

Thanks for helping me with my previous questions.

As explained in my previous discussions I'm on L1B Visa and my physical stay here is around 3 years and I have my I94 valid through July'15. I'm planning to apply for H1B Visa. But my current assignment with the client is going get copleted by Jun'14. I may be moving to different location in US and work for a different client. So my current company will be sending the location/client change information to USCIS in July'14.

1. If I apply for H1B personally and if it gets approved will I have any problem when my current company updates USCIS about my location/client change with respect to L1B Visa?
2. Also will my current company come to know about my new H1B Visa status?
3. If I get H1B what will be the I94 validity?
4. If I get H1B do I need to go back to India and get my stamping done to join other company based on H1B?
5. And finally how much time will I have to complete my GC processing done after geting H1B?

Apologies for the long question. I need your valuable advise ASAP.

Thanks much in advance,
Ravi

[strkit]

L1B to H1B urgent please

As explained in my previous discussions I'm on L1B Visa and my physical stay here is around 3 years and I have my I94 valid through July'15. I'm planning to apply for H1B Visa. But my current assignment with the client is going get completed by Jun'14. I may be moving to different location in US and work for a different client. So my current company will be sending the location/client change information to USCIS in July'14.

1. If I apply for H1B personally and if it gets approved will I have any problem when my current company updates USCIS about my location/client change with respect to L1B Visa?
2. Also will my current company come to know about my new H1B Visa status?
3. If I get H1B what will be the I94 validity?
4. If I get H1B do I need to go back to India and get my stamping done to join other company based on H1B?
5. And finally how much time will I have to complete my GC processing done after geting H1B?

Apologies for the long question. I need your valuable advise ASAP.

Thanks much in advance,
Ravi

[raghvi]

As explained in my previous discussions I'm on L1B Visa and my physical stay here is around 3 years and I have my I94 valid through July'15. I'm planning to apply for H1B Visa. But my current assignment with the client is going get completed by Jun'14. I may be moving to different location in US and work for a different client. So my current company will be sending the location/client change information to USCIS in July'14.

1. If I apply for H1B personally and if it gets approved will I have any problem when my current company updates USCIS about my location/client change with respect to L1B Visa?
2. Also will my current company come to know about my new H1B Visa status?
3. If I get H1B what will be the I94 validity?
4. If I get H1B do I need to go back to India and get my stamping done to join other company based on H1B?
5. And finally how much time will I have to complete my GC processing done after getting H1B?

Apologies for the long question. I need your valuable advise ASAP.

Thanks much in advance,
Ravi

1. Would the H1 be applied as Change of Status OR through consular process?
2. They will not know unless you tell them.
3. It depends upon your answer to first question.
4. Again it depends upon answer to first question.
5. L1 + H1 is for max 6 Years physical stay in US. If you want to extend beyond 6th Year your PERM has to be filed before 5th Year completion.

This is my opinion not legal advice.

[strkit]

L1B to H1B ASAP

1. Would the H1 be applied as Change of Status OR through consular process?
2. They will not know unless you tell them.
3. It depends upon your answer to first question.
4. Again it depends upon answer to first question.
5. L1 + H1 is for max 6 Years physical stay in US. If you want to extend beyond 6th Year your PERM has to be filed before 5th Year completion.

This is my opinion not legal advice.

Dear Raghvi,

Thanks for the immediate response. I'm planning to apply H1B as "Change of Status" and continue with my current employer even after Oct'14 until I get good opportunity. Please advise.

[raghvi]

You cannot apply "Change Of Status" with another employer and continue with current employer. Once COS to H1 for the new employer is approved, you would have to work with the new H1 employer, any continuous employment with L1 employer beyond COS to H1 with another employer, while continuously being in US will be illegal.

This is my opinion not legal advice.

[strkit]

L1B to H1B Urgent Please

Thanks for the clarification.

If I apply H1B with consular process do can start working with the new employer after H1B becomes effective in Oct'14 or do I need go back to to india and get my stamping before switching to the new employer?

[raghvi]

If you apply for H1 as consular process, in order to work with the new employer, you can either leave US, get H1 stamped and return on H1 OR file an H1 amendment, with valid reasons, to convert from consular to COS.

This is my opinion not legal advice.

[strkit]

L1B to H1B consular process

Dear Raghv

Thanks again for your help. I'm planning to get my visa processed with consular process and continue to stay with my current employer even after October until I get good project and opportunity suitable for me. Is it legal to do that. Please respond ASAP

Thanks
Ravi

[raghvi]

Yes.

But make sure you get the receipt notice, as well as the approval notice in hand in order to be able to use it later. Because many employers/consultants would not give you those details as they know that processing consular petition means you have second thoughts about joining them.

This is my opinion not legal advice.

[strkit]

Thanks for the immediate response.
What are these receipt and approval notices. When can we ask the consultancy to provide? I mean is it after October?
And what if they don't provide the details? Can another employer file amendment without these notices? Can the consultancy insist to stay with them holding those notices?

[raghvi]

Thanks for the immediate response.
What are these receipt and approval notices. When can we ask the consultancy to provide? I mean is it after October?
And what if they don't provide the details? Can another employer file amendment without these notices? Can the consultancy insist to stay with them holding those notices?

I797 looks something like this : https://www.immihelp.com/h1b1-visa-a...ice-of-action/

The receipt number is at the upper left corner.

You can ask the same to the employer as soon as Petition is accepted by USCIS and the Approval notice, if approved. But, remember, employer isnt mandated to give it to you.

Without these it becomes difficult to transfer the H1 later on.

This is my opinion not legal advice.