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Urgent help for L1-B vs PERM

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  • Urgent help for L1-B vs PERM

    Visa Experts,

    Looking forward your expert opinion regarding my case

    Case Summary:
    1. I stayed in US for almost 6 years on H1-B, returned in mid year 2013 (having 30+ days which I can claim through recapture process)
    2. My company filled PERM application in July 2014, I believe based on current processing time it would take 8-10 months’ time before I get my current H1-B approved after I-140 approval
    3. As 8-10 months’ time period is too long and due to client pressure, my company is exploring options to file L1-B visa
    (Not fulfilling all the conditions for L1-A)

    My questions are:

    1. What are the chances to get L1-B approved, is there any conflict with PERM application vs L1-B
    2. I am wondering, I might got questions like why you can’t wait till PERM decision ?
    3. For L1-B we might need to show knowledge of company propriety tool, however same is not mentioned in PERM application, any draw back or conflict for that?
    4. By any chance if L1-B is not approved, does it impact current PERM application anyway (apart from getting documented in system)
    5. Primarily I will be working on client site, any impact due to that for L1-B approval

    Any other things which you might want to highlight? Appreciate your guidance.

    Let me know should I need to provide any additional summary points which you might require further.

    Thanks in advance!!

  • #2
    Originally posted by priyanka22 View Post
    Visa Experts,

    Looking forward your expert opinion regarding my case

    Case Summary:
    1. I stayed in US for almost 6 years on H1-B, returned in mid year 2013 (having 30+ days which I can claim through recapture process)
    2. My company filled PERM application in July 2014, I believe based on current processing time it would take 8-10 months’ time before I get my current H1-B approved after I-140 approval
    3. As 8-10 months’ time period is too long and due to client pressure, my company is exploring options to file L1-B visa
    (Not fulfilling all the conditions for L1-A)

    My questions are:

    1. What are the chances to get L1-B approved, is there any conflict with PERM application vs L1-B
    2. I am wondering, I might got questions like why you can’t wait till PERM decision ?
    3. For L1-B we might need to show knowledge of company propriety tool, however same is not mentioned in PERM application, any draw back or conflict for that?
    4. By any chance if L1-B is not approved, does it impact current PERM application anyway (apart from getting documented in system)
    5. Primarily I will be working on client site, any impact due to that for L1-B approval

    Any other things which you might want to highlight? Appreciate your guidance.

    Let me know should I need to provide any additional summary points which you might require further.

    Thanks in advance!!

    1. L1B would be assessed based on your qualification of that visa. It has got nothing to do with PERM.
    2. I doubt they would ask that.
    3. PERM is for future employment, L1B is company specific so both are not related.
    4. Dont think so.
    5. L1 B by nature is not supposed to be out of client office.

    If you dont get L1B you most probably would have to wait till July 2015 to try to extend you H1 based upon pending PERM/approved I-140.

    This is my opinion not legal advice.

    Comment


    • #3
      Thanks a lot, really appreciate to answer all of my questions.

      Originally posted by raghvi View Post
      1. L1B would be assessed based on your qualification of that visa. It has got nothing to do with PERM.
      2. I doubt they would ask that.
      3. PERM is for future employment, L1B is company specific so both are not related.
      4. Dont think so.
      5. L1 B by nature is not supposed to be out of client office.

      If you dont get L1B you most probably would have to wait till July 2015 to try to extend you H1 based upon pending PERM/approved I-140.

      This is my opinion not legal advice.

      Comment

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