L1-B expiring next June. Advice on options.

[jafm1983]

Hi All,

I could do with some of your collective wisdom please. I am a British citizen currently on an L1-B visa, arrived in June 2009 and I extended in 2012. The current L1B expires in June 2014 after the full 5 year term. My understanding is that I cannot extend this after that point on L1. I have moved my whole life here and really don't want to leave. Any help on the following questions would be much appreciated:

1) If I find a new company willing to sponsor an H1-B how long will the H-1B be valid for? Given it is now October is there an optimal time to try to obtain H-1 given the annual caps?

2) If I convince company to transfer me to an H1-B for one more year will this affect my ability to obtain a new H-1B visa after that year with another employer? (6 years total between L1 and H1)

Apologies if these have been answered on other posts. Tried to do as much research as possible before posting!

Thanks,
Jonny

[raghvi]

Hi All,

I could do with some of your collective wisdom please. I am a British citizen currently on an L1-B visa, arrived in June 2009 and I extended in 2012. The current L1B expires in June 2014 after the full 5 year term. My understanding is that I cannot extend this after that point on L1. I have moved my whole life here and really don't want to leave. Any help on the following questions would be much appreciated:

1) If I find a new company willing to sponsor an H1-B how long will the H-1B be valid for? Given it is now October is there an optimal time to try to obtain H-1 given the annual caps?

2) If I convince company to transfer me to an H1-B for one more year will this affect my ability to obtain a new H-1B visa after that year with another employer? (6 years total between L1 and H1)

Apologies if these have been answered on other posts. Tried to do as much research as possible before posting!

Thanks,
Jonny

If you are really looking forward to continue your stay in US for long term, you might as well start the GC processing as soon as possible.

The first thing you might want to ascertain is what is your current employer's commitment to continue employing you in US beyond June 2014. If they are not really keen on keeping you in US beyond June 2014 then moving to H1 is the only option. But as explained below moving to H1 will involve you leaving US in June 2014 and re entering only in Oct 2014 with only 1 Year allowed stay. In order to stay beyond that 1 Year you will have to find an employer who files your H1 in April 2014 and also files your GC latest by Oct 2014.

H1 start is only from 01 Oct 2014 as a result you cannot stay in US from June 2014 till Oct 2014 . If you apply for H1 in April 2014, then you would have to leave US in June 2014, get H1 stamping done outside US and if approved re enter US on that H1 and start working in H1 only from 01-Oct-2014. Now that H1 will only be valid for 1 year that is till Oct 2015 because L1+H1 combined stay can only be 6 Years (without a 1 year gap outside US) in order to extend that H1 beyond Oct 2015 your GC mist be filed prior to Oct 2014.

One other route that some follow is to convert L1B to L1A within the same company, provided you qualify for L1A. L1A can be for 7 Years so if approved, you can stay from June 2014 till June 2016. Moving to L1A also makes it easier to file a GC under EB1 category thereby if everything works out you can probably get a GC within a year or so. Again only if the company wants you to stay beyond June 2014 in US and you qualify for L1A, as well as GC under EB1. This will buy time for you to file H1 in 2014 or 2015, without the need to leave US and if approved you can convert to H1. This route is feasible but comes with its own risks and denial rates are pretty high. Firstly L1B to L1A needs lot of documentation to prove your managerial/executive capacity. Then L1A to GC-EB1 requires more documentation with respect to your executive capacity within the organization.

As you see there are lot of parameters and factors at play here. If you see either of the two options above as feasible it will be a good idea to engage service of an immigration lawyer to take you through this immigration maze.

This is my opinion not legal advice.

[jafm1983]

If you are really looking forward to continue your stay in US for long term, you might as well start the GC processing as soon as possible.

The first thing you might want to ascertain is what is your current employer's commitment to continue employing you in US beyond June 2014. If they are not really keen on keeping you in US beyond June 2014 then moving to H1 is the only option. But as explained below moving to H1 will involve you leaving US in June 2014 and re entering only in Oct 2014 with only 1 Year allowed stay. In order to stay beyond that 1 Year you will have to find an employer who files your H1 in April 2014 and also files your GC latest by Oct 2014.

H1 start is only from 01 Oct 2014 as a result you cannot stay in US from June 2014 till Oct 2014 . If you apply for H1 in April 2014, then you would have to leave US in June 2014, get H1 stamping done outside US and if approved re enter US on that H1 and start working in H1 only from 01-Oct-2014. Now that H1 will only be valid for 1 year that is till Oct 2015 because L1+H1 combined stay can only be 6 Years (without a 1 year gap outside US) in order to extend that H1 beyond Oct 2015 your GC mist be filed prior to Oct 2014.

One other route that some follow is to convert L1B to L1A within the same company, provided you qualify for L1A. L1A can be for 7 Years so if approved, you can stay from June 2014 till June 2016. Moving to L1A also makes it easier to file a GC under EB1 category thereby if everything works out you can probably get a GC within a year or so. Again only if the company wants you to stay beyond June 2014 in US and you qualify for L1A, as well as GC under EB1. This will buy time for you to file H1 in 2014 or 2015, without the need to leave US and if approved you can convert to H1. This route is feasible but comes with its own risks and denial rates are pretty high. Firstly L1B to L1A needs lot of documentation to prove your managerial/executive capacity. Then L1A to GC-EB1 requires more documentation with respect to your executive capacity within the organization.

As you see there are lot of parameters and factors at play here. If you see either of the two options above as feasible it will be a good idea to engage service of an immigration lawyer to take you through this immigration maze.

This is my opinion not legal advice.

Thank you raghvi.

We did look at the L-1A conversion and GC application but unfortunately I don't think I'd qualify and the firm considered it too much of a long shot.

So if I understand correct if I decide to look for a new job and H-1 sponsorship I could only begin work in October 2014 and not any time before?

Thanks.

[raghvi]

Thank you raghvi.

We did look at the L-1A conversion and GC application but unfortunately I don't think I'd qualify and the firm considered it too much of a long shot.

So if I understand correct if I decide to look for a new job and H-1 sponsorship I could only begin work in October 2014 and not any time before?

Thanks.

If you never had an previous H1 status in last 6 Years the earliest you can move to H1 is Oct 2014.

So if they did think of L1A then it means they want to keep you here. Ask them if they want to keep you beyond 6th Year too. If yes, then start GC processing immediately, file H1 in April 2014, leave US in June 2014, attend H1 stamping, if approved return on H1 in Oct 2014 (this H1 will only be valid till Oct 2015 base don the 6 Year rule).

In Aug/Sep 2015 file H1 extension based on your GC pending for 365 Days (as GC would have been filed in Dec 2013-Jan 2014). Again for this option the company has to file GC by Aug/Sep 2014 latest.

This is my opinion not legal advice.