L1B to H1B (Options)

[slgr]

Hi

I went through a lot of threads , but did not get specific answers , hence the re-post

1. I currently have a L1B (Blanket) VISA - Company A-- which expires in December 2014 (i-94 expires dec 2014). I have interviewed at another company "B" - in the USA, and will receive a job offer.
What options does Company "B" have in filing my H1b. - do they need to apply for a Change of status (from L1b to H1b) and since the quota for 2013 is over, will they need to file for the h1b under the fresh quota for 2014 - in april 2014 ?

2. I had a H1b previously , in 2008 (start date Oct 2008 expiringing oct 2011)) but did not utilize it fully. I came back to India in Dec 2008 and Joined Company A (in Aug2009). Since its has not yet been 6 years since the H1b was filed, can company B, apply for my change of status, without wanting for the new 2014 quota to open ? (max out option etc?)

Thanks for your help.

Sandeep

[raghvi]

Hi

I went through a lot of threads , but did not get specific answers , hence the re-post

1. I currently have a L1B (Blanket) VISA - Company A-- which expires in December 2014 (i-94 expires dec 2014). I have interviewed at another company "B" - in the USA, and will receive a job offer.
What options does Company "B" have in filing my H1b. - do they need to apply for a Change of status (from L1b to H1b) and since the quota for 2013 is over, will they need to file for the h1b under the fresh quota for 2014 - in april 2014 ?

2. I had a H1b previously , in 2008 (start date Oct 2008 expiringing oct 2011)) but did not utilize it fully. I came back to India in Dec 2008 and Joined Company A (in Aug2009). Since its has not yet been 6 years since the H1b was filed, can company B, apply for my change of status, without wanting for the new 2014 quota to open ? (max out option etc?)

Thanks for your help.

Sandeep

Since when are you in US on L1?

Either of the options is doable. If they file fresh H1 then it will be effective only from Oct-2014 or later.
If they use the old H1 it can be an immediate start date without waiting for 2014 Cap to open.

H1+L1 stay can be for 6 Years. In either of the options the L1 time spent in US will be added to while calculating h1 duration. Also, if filed as COS and approved, you must work with the H1 employer from h1 start date (unless you do a leap frog by leaving US and re entering on L1).

This is my opinion not legal advice.

[slgr]

I am on L1 & in the US since Nov 2012, till date (1 year 3 months)
I was on h1b from Oct 2008 to dec 2008 (3 months) -

so i will be able to just do a COS and still have 6 years - 1.5 years = 4.5 years remaning.?

Also, in case there is a RFE or my h1b petition gets rejected / gets into trouble, can i still stay on L1 ?
Also, can i have a start date of say 1st march 2014 for my COS (h1b) to start off? (so that i have enough time to give a notice to my employer)

Thanks for your help

[slgr]

Can you please look into my question below?

I am on L1 & in the US since Nov 2012, till date (1 year 3 months)
I was on h1b from Oct 2008 to dec 2008 (3 months) -

so i will be able to just do a COS and still have 6 years - 1.5 years = 4.5 years remaning.?

Also, in case there is a RFE or my h1b petition gets rejected / gets into trouble, can i still stay on L1 ?
Also, can i have a start date of say 1st march 2014 for my COS (h1b) to start off? (so that i have enough time to give a notice to my employer)

Thanks for your help

Can you please let me know if you can look into my question above , thanks for your help.

[raghvi]

Can you please let me know if you can look into my question above , thanks for your help.

If you file fresh H1 in April 2014 with start date of Oct 2014 then you would be able to use that H1 for 6 Minus time already spent in L1 status.
If you use the 2008 H1 then you would be able to start as soon as approved , without waiting till Oct 2014, and it could be used for 6 Minus Time spent on L1 and H1 in 2008.

In either of the cases as and when you leave US, you would have to get fresh H1 stamped in passport in order to return and work on H1.

This is my opinion not legal advice.