L1 visa - Question on status change and GC work

[sudharsenr]

Hi,

Im currently on a L1B visa after moving from India to USA. My current visa is valid till Sep 2015.
My company started to work for a H1B visa to extend the tenure for stay to another year., ie, till Sep 2016.

My questions on this ground :
Q1)Is this the best route to go? Should i switch to H1 immediately or wait for L1 to end and change status before Sep 2015?
Q2) Which will be beneficial? Will there be change in salary when moving from L1 to H1? When will this take effect? from the date of approval or after COS
Q3) My company is also willing to apply for a GC, so my question is which is quick/easy for approval? GC from L1 or GC when in H1? Whats the advantage and disvantage of doing from L1 or H1?

Really appreciate help. My company's legal team is not giving a clear idea on the route they are taking me.

Thanks,
Sud

[raghvi]

Hi,

Im currently on a L1B visa after moving from India to USA. My current visa is valid till Sep 2015.
My company started to work for a H1B visa to extend the tenure for stay to another year., ie, till Sep 2016.

My questions on this ground :
Q1)Is this the best route to go? Should i switch to H1 immediately or wait for L1 to end and change status before Sep 2015?
Q2) Which will be beneficial? Will there be change in salary when moving from L1 to H1? When will this take effect? from the date of approval or after COS
Q3) My company is also willing to apply for a GC, so my question is which is quick/easy for approval? GC from L1 or GC when in H1? Whats the advantage and disvantage of doing from L1 or H1?

Really appreciate help. My company's legal team is not giving a clear idea on the route they are taking me.

Thanks,
Sud

1. It depends what your long term plan is. If your plan is to stay and get GC, then in my opinion the earlier you move to H1 the better it is and also do ensure GC is filed before your 5th Year stay is completing. When are you completing 5 Years stay in US on L1?
2. Salary change is internal to your company policy. If there is a change in salary in your company between L1 and H1 then the change would be after COS to H1.
3. It depends upon which GC category they are filing under, if EB1 then you are looking at around a year or so, if under EB2/EB3 then you are looking at 8-14 Years. Over 8-14 Years long period you eventually have to move to H1 because only H1 can be extended beyond 6th Year you cannot extend L1B beyond 5th Year. GC doesnt depend upon L1B or H1B.

This is my opinion not legal advice.