Need help on L1B eligibility criteria

[erashwanimishra]

Members, I need you help and without you suggestion, I cannot move forward.
I worked for 3 companies (A-3.5 years, B- 2 Years, C- Working since Aug-2012). I had my L1B stamped by Company –A and its expired on July-2012 but I did not travel.
I joined Company-C last year (Aug-2012) and completed my 1 year. Now Company-C director wants me to file L1-B.
Now my questions are :-
(1)I am working with Company-C since last 1 year. Am I eligible for L1-B?
(2) My current company manager was saying “Do not file L1 as it is rejecting more now a day” so I will try for your H1-B on Oct-2013 or Nov-2013 slot.
Is H1-B processing starting from Oct/Nov 2013, if yes then how long it will take to finalized for stamping?
(3)I feel that my manager is not happy because i had conversion with my Director directly and not contacted him first. He indicated me this concern. Whereas my Director told me that, he will send me US through any project under that account.
Is my manager given me some “Gajar” about H1-B filling on Oct/Nov 2013?
(4) If I have both option L1-B and H1 then which will be best for me.

I know that question 2 and 3 are not related much with visa specification but I tossed between Director and Manager. Need you input to take next step?

[raghvi]

Members, I need you help and without you suggestion, I cannot move forward.
I worked for 3 companies (A-3.5 years, B- 2 Years, C- Working since Aug-2012). I had my L1B stamped by Company –A and its expired on July-2012 but I did not travel.
I joined Company-C last year (Aug-2012) and completed my 1 year. Now Company-C director wants me to file L1-B.
Now my questions are :-
(1)I am working with Company-C since last 1 year. Am I eligible for L1-B?
(2) My current company manager was saying “Do not file L1 as it is rejecting more now a day” so I will try for your H1-B on Oct-2013 or Nov-2013 slot.
Is H1-B processing starting from Oct/Nov 2013, if yes then how long it will take to finalized for stamping?
(3)I feel that my manager is not happy because i had conversion with my Director directly and not contacted him first. He indicated me this concern. Whereas my Director told me that, he will send me US through any project under that account.
Is my manager given me some “Gajar” about H1-B filling on Oct/Nov 2013?
(4) If I have both option L1-B and H1 then which will be best for me.

I know that question 2 and 3 are not related much with visa specification but I tossed between Director and Manager. Need you input to take next step?

1. Yes it is possible.
2. Your manager is partially right as L1 are being scrutinized heavily, but there have been successful cases too. Next H1 cap will start in April 2014, and earliest you can use that H1 would be Oct-2014.
3. There is no H1 in Oct 2013, you will have to wait to file fresh H1 in April 2014 and if approved use H1 from Oct-2014 not before that.
4. If you are willing to wait till Oct-2014 then H1 would be best. If not you can try your luck with L1.

You have to understand the L1 is not only about 1 Year in a company there are different classification and requirements of L1 . Read more at http://www.immihelp.com/l1-visa/

This is my opinion not legal advice.