L1B Visa is going to MaxOut-I140 approved- H1 VISA

[JobSeeker123]

Hello All,

Not sure if this is already discussed and this one is repeated thread. Currently I am on L1B VISA and my Visa will expire on Nov-2015. My I140 was approved in 2013 under EB3 category. My Question are below:

1: Can I get H1 visa after Nov2015 with same employer?
2: When can I file my H1 VISA? Will it come under standard cap, or it is guaranteed based on I140 approval?
3: For how long H1 VISA can be granted? Considering currently I am on L1B VISA? 1 Year or 3 years.
4: Once I have VISA can I switch the employer? or I will continue have to be with same employer.
5: Can switching the employer cause any legal issue from USICS?

Thanks for your help in advance.

[raghvi]

Hello All,

Not sure if this is already discussed and this one is repeated thread. Currently I am on L1B VISA and my Visa will expire on Nov-2015. My I140 was approved in 2013 under EB3 category. My Question are below:

1: Can I get H1 visa after Nov2015 with same employer?
2: When can I file my H1 VISA? Will it come under standard cap, or it is guaranteed based on I140 approval?
3: For how long H1 VISA can be granted? Considering currently I am on L1B VISA? 1 Year or 3 years.
4: Once I have VISA can I switch the employer? or I will continue have to be with same employer.
5: Can switching the employer cause any legal issue from USICS?

Thanks for your help in advance.

How long you have already spent in US ?
1. For moving you to H1 in Nov your employer needs to petition for you in April 2015. And if approved the earliest you can move to H1 is Oct 2015.
2. You will come under standard cap if you never were on H1 in last 6 Years. It is not guaranteed just because you have an I140 approval
3. It would depend upon how long you already have spent in L1 status as of 01-Oct-2015.
4. Which VISA? H1? While in US you do not get a VISA stamped in passport, your employer would file for a Change Of status. If current employer petitions for you , in order to change employer you would have to do a "H1 transfer"
5. If done properly why would it cause problems? Yes , if current employer revokes the I140 then you have to plan for that.

This is my opinion not legal advice.