L1B visa and H1B petition

[xxzeal]

Hi,

I am currently working with L1B visa and it will be valid until end of 2017. My immigration lawyer suggested me to apply for H1B petition that allow me to convert to H1B visa in future and when I want to change employer in US. Additionally, they mentioned that they want to start filing the H1B petition early (years before L1B expiration) as it is a lottery process and no guarantee that I can get H1B visa. They also mention that by filing H1B petition, I can still hold/work with L1B visa - even if my petition is approved.

I am new to this process. I have the following questions:
1. Can I continue to work with L1B visa until expiry, have my H1B petition approved and still have eligibility to convert L1B to H1B when I need to?
2. I like L1B visa because it allows my wife to work and I heard that it is easier to get Green Card if I hold L1B visa. On the other hand, H1B visa giving me flexibility to change employer in US. What would be your advise?

Appreciate your help.

[raghvi]

Hi,

I am currently working with L1B visa and it will be valid until end of 2017. My immigration lawyer suggested me to apply for H1B petition that allow me to convert to H1B visa in future and when I want to change employer in US. Additionally, they mentioned that they want to start filing the H1B petition early (years before L1B expiration) as it is a lottery process and no guarantee that I can get H1B visa. They also mention that by filing H1B petition, I can still hold/work with L1B visa - even if my petition is approved.

I am new to this process. I have the following questions:
1. Can I continue to work with L1B visa until expiry, have my H1B petition approved and still have eligibility to convert L1B to H1B when I need to?
2. I like L1B visa because it allows my wife to work and I heard that it is easier to get Green Card if I hold L1B visa. On the other hand, H1B visa giving me flexibility to change employer in US. What would be your advise?

Appreciate your help.

Are you paying for the H1?

1. Yes as long as its consular process. If you file it is as a Change Of Status you would have to work with H1 employer or do a "leap frog".
2. GC is dependent upon which category it is filed under (EB1-EB2-EB3) not L1B/H1B. L1 or H1 is your personal decision. As you rightly pointed both have their own merits.
Also, L1+H1 stay can at max be 6 Years, in order to stay beyond 6th Year you have to at least have GC filed before end of 5th Year.

This is my opinion not legal advice.

[xxzeal]

Yes I am paying for the H1.
Sorry, what does it mean by "as long as it's consular process"?
If I am applying for H1 petition today and approved tomorrow, can I still work with L1B until 2017?

Is H1 visa employer specific? i.e.: If I get my H1 visa approved while working for Firm X, can I join Firm Y and work with the same H1 visa?

[raghvi]

Its illegal to pay for ones own visa.

H1 Petiton can be processed as Consular Notification wherein USCIS informs the relevant consulate outside US about your employee's H1 petition, and you would need to go to the consulate outside US for getting H1 visa stamped only then you can move to H1.

H1 petition can also be processed as Change of Status, that is you are not leaving US, and are requesting USCIS to change your status from current one (L1 in yout case) to H1. If COS is approved, you get a I797 along with a new I-94 and you automatically move to H1 from the COS date. If you dont adhere to H1 conditions from COS date (that is work and get paid by H1 petitioning employer), you go out of status.

Now if you apply H1 as Consular Process you wouldnt automatically move to H1 , so you can continue working on L1, as and when you want to move to H1, either leave US, get h1 stamped based on the employer's petition OR fiel a Consular to COS conversion amendment.

You wouldnt be able to " apply H1 tomorrow and get it approved day after" . H1 cap of 65,000 opens up every year on 01-April and is open as long as it doesnt get filled (last year it got filled within a week). It takes 2-4 Months in normal processing for it to get approved and start date can only be 01-Oct of that year not earlier.

As I said, if you do H1 as consular process then you can continue to work till 2017 on L1.

When you are paying your attorney I suggest you have a talk with him to understand this whole process much more clearly.


This is my opinion not legal advice.

[xxzeal]

Thank you for your help.

I will clarify on who is paying H1 visa again.

Can i double check this part below:
"Now if you apply H1 as Consular Process you wouldnt automatically move to H1 , so you can continue working on L1, as and when you want to move to H1, either leave US, get h1 stamped based on the employer's petition OR file a Consular to COS conversion amendment."

I normally need to get new L1B stamp for every year if I travel outside US. When I apply H1 as Consular Process and got it approved, do I still get L1B stamp when I travel outside US for stamp renewal?

[raghvi]

In an earlier post you said your L1B visa is valid till 2017, so why do you need to get new L1B stamped for every year you travel outside?

[xxzeal]

it is because of my nationality. Hence, my re-entry permit/stamp need to be renewed every year, although L1B expiration is valid until 2017.
If i donttravel outside US, I dont need to renew my stamp.

[zhangqlly]

Would be possible to share your some document ?

Hi,xxzeal,

I got L1B RFE on Mar 18,2014, and I am preparing the document about:

Position Involving Specialized Knowledge: If the position of Senior R&D Engineer is a
position which involves specialized knowledge, list the beneficiary's primary duties that
involve specialized knowledge. Indicate why others have not acquired this "special" or
"advanced" level of knowledge of your company's equipment, system, product,
technique, research, service; and/or processes or procedures; and explain how the
knowledge involved in the position is different than other Senior R&D Engineer employed
by the foreign company or others employed in similar positions in the industry.

Would be possible to share your some document to [email protected] ?