L1 to Masters in US to H1 / L1 to Masters in US to Same L1

[NikGup]

Hi,

I currently work with Company A in India and hold a L1B Visa till Feb-2017 (from Feb-2014). I come and work for my company's US office from time to time and am planning to shift to US on more permanent basis.

If I leave India for Masters degree in US, how long can I work in US once my degree is over. I mean since I already have had a L1 visa (Question1: can I use this L1 Visa again if I work for same Company A's US branch till Feb 2017)...
Question2: If I get a H1 after my degree, what will be the limitation in terms of years (guess you can be in US on L1B + H1 for maximum 6 years)....how is this calculation done:
- I'll be able to work on H1 for = 6 years - Amount of time I already actually spent in US (regardless of how long I have had my L1 for)
- I'll be able to work on H1 for = 6 - 3 (since I already had L1B valid for 3 years)
- I'll be able to work on H1 for = 6 - (time period between the day I get my H1 and Feb 2014 when I got my L1)

Thanks for your response.

Regards

[raghvi]

Hi,

I currently work with Company A in India and hold a L1B Visa till Feb-2017 (from Feb-2014). I come and work for my company's US office from time to time and am planning to shift to US on more permanent basis.

If I leave India for Masters degree in US, how long can I work in US once my degree is over. I mean since I already have had a L1 visa (Question1: can I use this L1 Visa again if I work for same Company A's US branch till Feb 2017)...
Question2: If I get a H1 after my degree, what will be the limitation in terms of years (guess you can be in US on L1B + H1 for maximum 6 years)....how is this calculation done:
- I'll be able to work on H1 for = 6 years - Amount of time I already actually spent in US (regardless of how long I have had my L1 for)
- I'll be able to work on H1 for = 6 - 3 (since I already had L1B valid for 3 years)
- I'll be able to work on H1 for = 6 - (time period between the day I get my H1 and Feb 2014 when I got my L1)

Thanks for your response.

Regards

Are you planning to apply for F1 visa while in India and enter US on F1 visa?

[NikGup]

Thanks Raghvi for the quick response...really appreciate your inputs

Yes I will apply for F1 visa (while in India or in US will depend on what is legal per immigration regulations) to pursue masters unless there is a way I can do it on my current L1 and join same Company's US office (on same L1) after my degree.

[raghvi]

While you can study on L1 but your company should agree to it as well as you should be able to studies and job at the same time, depending upon the work load and course sometime it can be quiet draining. And you would be able to study only part time not full time.

If you are planning to go for F1 interview, your L1 visa stamp will most likely get cancelled in the passport , it will be marked as CWOP.

Once in US, after completing your studies, you would have to apply for a F1 to L1 Change Of Status. Only if the COS is approved you would be able to work for the company.

If one hasn't spent entire 1 Year outside US, the time on H1 will depend upon the 6 Years minus the time spent in L1/H1 status in last 6 Years. So if you get H1 say in Oct 2016, it would be 6 Minus time spent in L1/H1 in US status between 2010-2016.


Check a similar thread : http://www.immihelp.com/forum/showth...udy-on-L1-visa

This is my opinion not legal advice.

[NikGup]

Pardon me for flurry of questions and the long message....I was looking for options and best way to enter US full time....I have 2 options at hand...Can you help me understand legality under second option as well please!

Option 1: To do Masters here and then job (for which I posted this thread/query)....and the process is now much more clear thanks to you

Option 2: Shift to US directly in a full time job with my current L1 (my Company's US office is willing to hire me full time) - For this I posted another thread/query 'L1 Visa (Spcl knowledge)-Can I switch my job in same company from India to US office' which said:

I work with Company A India office and I have a L1B Visa (Specialized Knowledge category) not sure if its individual or blanket (I believe its Individual) coz Visa Type/Class on my stamp just says R L1 (the I-797B says its L1B) and I had to get USCIS approval separately before stamping.
- The Visa is valid till Feb-2017 (first 3 years)
- The Petitioner mentioned on my Visa stamp and I-797B is - Company A US Office

I am currently in US on my L1 visa for few months (I do not get US payroll, instead I get my India salary with expenses paid for stay in US). Now my US office wants me to shift here (on US Payroll as their full time employee) and once I get promoted to manager within next 2 years, they can help me with Green Card application so I can stay in US on more permanent basis.

My India office sends me to US for short term assignments and does not want me to transfer here full time. So the US office (of same company A) asked me if I could resign from my India office and join them here.

My question: Is this possible on same L1 Visa....can I resign/quit my India office (company A) and join its US office (company A) with a new offer letter on the same L1 Visa...that way I can stay and work here full time (on US payroll) till 2017 and get a Green Card once I am promoted
If this is not possible, can you suggest a solution (my US office is flexible and they are happy to have me here full time).

[raghvi]

Pardon me for flurry of questions and the long message....I was looking for options and best way to enter US full time....I have 2 options at hand...Can you help me understand legality under second option as well please!

Option 1: To do Masters here and then job (for which I posted this thread/query)....and the process is now much more clear thanks to you

Option 2: Shift to US directly in a full time job with my current L1 (my Company's US office is willing to hire me full time) - For this I posted another thread/query 'L1 Visa (Spcl knowledge)-Can I switch my job in same company from India to US office' which said:

I work with Company A India office and I have a L1B Visa (Specialized Knowledge category) not sure if its individual or blanket (I believe its Individual) coz Visa Type/Class on my stamp just says R L1 (the I-797B says its L1B) and I had to get USCIS approval separately before stamping.
- The Visa is valid till Feb-2017 (first 3 years)
- The Petitioner mentioned on my Visa stamp and I-797B is - Company A US Office

I am currently in US on my L1 visa for few months (I do not get US payroll, instead I get my India salary with expenses paid for stay in US). Now my US office wants me to shift here (on US Payroll as their full time employee) and once I get promoted to manager within next 2 years, they can help me with Green Card application so I can stay in US on more permanent basis.

My India office sends me to US for short term assignments and does not want me to transfer here full time. So the US office (of same company A) asked me if I could resign from my India office and join them here.

My question: Is this possible on same L1 Visa....can I resign/quit my India office (company A) and join its US office (company A) with a new offer letter on the same L1 Visa...that way I can stay and work here full time (on US payroll) till 2017 and get a Green Card once I am promoted
If this is not possible, can you suggest a solution (my US office is flexible and they are happy to have me here full time).

The two are different issues. You have to be clear on what you want, L1, H1, F1, Study on L1 are different things and each has its own process and requirements.

The reason I didnt try to attempt the other thread was because there are too many variables and unknowns in that approach.


In layman's terms i you see the purpose of L1 visa is that an employee is transferred from a Non US branch of Company A to the US branch for working on specialized/managerial skills which are specific to that company. Now, whether the employee has to maintain relation with company A's Non US office during this tenure is not very clearly defined by USCIS. In my opinion there is no reason why you cannot resign in India payroll and work for US payroll.

What is the India office's take on this approach? I dont think they will be much pleased with it. Has the US management and India management talked about it, as without takign both in confidence it can be quiet cumbersome in the future while you try for extensions, experience certificates etc.

Also, wouldnt you have to serve the notice period in India office if you resign from there? Or you planning to just send a mail that you resign?

I am assuming the US branch would be doing a L1B to L1A for you and then processing EB1 for you . Though one can be eligible for L1B to L1A after being promoted while in US but in order to be eligible for EB1 one would have to show Managerial/Executive capacity for 1 Year, while being outside US. Would your India employer assist you in that? If you havent played Managerial/Executive role while outside US it could be difficult to get EB1 classification. and if you are not eligible for EB1 then EB2/Eb3 can take 8-12 Years and you would eventually have to try to move to H1 in order to continue beyond 2017.

I would suggest you first decide between L1 or F1 and. I already told about the F1 option. If you decide to come to US on L1 and start working full time with US employer, you would have to first discuss with US HR team as to how you can move to full payroll as against a perdiem arrangement as there would be tax implications too.

This is my opinion not legal advice.