questions on L1 to H1 conversion

[rahuldixit]

Hello,

I have L1 visa (validity till 2017) and i'll be going to US in march. but I would have to come back after 6-8 months (company rotation policy).
I want to continue my stay there for some more time (like an year or 2).

1) I believe with L1 i cannot opt for a change of employer.
2) Can you please suggest what are my options for getting my L1 converted to H1 ?
3) Does the company which will sponsor H1, has to file the petition in Apr itself ? or is there an option of getting converted from L1 to H1 at a later point (aug- oct)also ?

[raghvi]

Hello,

I have L1 visa (validity till 2017) and i'll be going to US in march. but I would have to come back after 6-8 months (company rotation policy).
I want to continue my stay there for some more time (like an year or 2).

1) I believe with L1 i cannot opt for a change of employer.
2) Can you please suggest what are my options for getting my L1 converted to H1 ?
3) Does the company which will sponsor H1, has to file the petition in Apr itself ? or is there an option of getting converted from L1 to H1 at a later point (aug- oct)also ?

1. Yes.
2. Find an employer willing to sponsor your H1.
3. Fresh H1 is generally filed in April as thats when the annual cap of 65,000 opens. If you delay the cap might close (last year it closed in first week of April itself within a week). But one can start work only after 01-Oct-2014 on that H1.

Its perfectly fine that you come over in March 2014, find an employer and get them to file for your h1 in April 2014. So , in order to have the employer file H1 for you in April, you should already be looking out for one ad be ready with all the documentation when your reach US in April.

Now L1 to H1 can be applied as COS (Change of Status), if approved, in this you would automatically roll over to H1 from H1 start date and must stop working for the L1 employer from that date and must work for H1 employer from that date (generally the date is 01-Oct ).

If L1 to H1 is applied as consular process, if approved, you continue to be on L1 till the time you decide to leave US, go for H1 stamping outside US, get H1 stamped and return on H1. Your L1 would be cancelled when you go for H1 stamping.

This is my opinion not legal advice.

[rahuldixit]

thanks a ton for giving a clear picture of the entire process.. That certainly helped!!