L1 to H1 transfer

[GPrachi]

Hi All

I have been searching for many days but couldn't find anything relevant to my situation.If anybody could help that would be greatly appreciated.
The current situation is

I am working on L1B for a employer but I need to switch my employer, which means I will need a H1B for that.I haven't applied for H1 B yet. I have a valid L1 till May 2016
SO what how can i change my employer and which visa(L1b with the new company, H1b) should my new employer provide me so that i start working with them asap.

1. Is it that I will have to wait till Oct 2015 to get my H1 B approved to start with the new company? and file my H1b in April 2015?
2. Is there any COS procedure to change from L1B to H1B, I read it somewhere but not sure how it works, so that i need not wait till that time.
3. Can my new company give me a L1B that I go back to India and get the new L1B stamped with that employer and start working with them in US?

If there is any other method please do let me know.
My only requirement is that I want to start working with the new employer as early as possible.


Thanks!

[raghvi]

Hi All

I have been searching for many days but couldn't find anything relevant to my situation.If anybody could help that would be greatly appreciated.
The current situation is

I am working on L1B for a employer but I need to switch my employer, which means I will need a H1B for that.I haven't applied for H1 B yet. I have a valid L1 till May 2016
SO what how can i change my employer and which visa(L1b with the new company, H1b) should my new employer provide me so that i start working with them asap.

1. Is it that I will have to wait till Oct 2015 to get my H1 B approved to start with the new company? and file my H1b in April 2015?
2. Is there any COS procedure to change from L1B to H1B, I read it somewhere but not sure how it works, so that i need not wait till that time.
3. Can my new company give me a L1B that I go back to India and get the new L1B stamped with that employer and start working with them in US?

If there is any other method please do let me know.
My only requirement is that I want to start working with the new employer as early as possible.


Thanks!

1. Yes unless the H1 employer is cap exempt.
2. When your next employer files the H1 in April 2015 they have to select the COS option.
3. For that you should first have worked with the new company outside US for at least 1 Year in last 3 Years.

Also, one more thing that you need to be really mindful of is that once L1 to H1 COS is approved and you are in US on the COS date then you must work with the H1 employer and get paid as per the LCA. Its illegal to continue staying in US and work with L1 employer while a COS to H1 for a different employer is activated.

This is my opinion not legal advice.

[venkatraman5]

1. Yes unless the H1 employer is cap exempt.
2. When your next employer files the H1 in April 2015 they have to select the COS option.
3. For that you should first have worked with the new company outside US for at least 1 Year in last 3 Years.

Also, one more thing that you need to be really mindful of is that once L1 to H1 COS is approved and you are in US on the COS date then you must work with the H1 employer and get paid as per the LCA. Its illegal to continue staying in US and work with L1 employer while a COS to H1 for a different employer is activated.

This is my opinion not legal advice.

Hi -

I have a question on similar lines....

I am on L1B and my company will be applying for a H1B transfer with COS option. Will this also go through the H1B lottery system? Thanks

[GPrachi]

1. Yes unless the H1 employer is cap exempt.
2. When your next employer files the H1 in April 2015 they have to select the COS option.
3. For that you should first have worked with the new company outside US for at least 1 Year in last 3 Years.

Also, one more thing that you need to be really mindful of is that once L1 to H1 COS is approved and you are in US on the COS date then you must work with the H1 employer and get paid as per the LCA. Its illegal to continue staying in US and work with L1 employer while a COS to H1 for a different employer is activated.

This is my opinion not legal advice.

Thank you so much raghvi for your reply.
Really appreciate that!

There is another question which came to my mind as you referred to working with new employer once L1 to H1 COS is approved.
1.Since I am not aware of this procedure,how much time does it takes to get L1 to H1 COS approved if I apply for H1B in April 2015? and does that mean that I need not wait till October 2015 to start with the new employer?
2.Also will my H1B go through the lottery system?

Thanks in advance.

[raghvi]

Thank you so much raghvi for your reply.
Really appreciate that!

There is another question which came to my mind as you referred to working with new employer once L1 to H1 COS is approved.
1.Since I am not aware of this procedure,how much time does it takes to get L1 to H1 COS approved if I apply for H1B in April 2015? and does that mean that I need not wait till October 2015 to start with the new employer?
2.Also will my H1B go through the lottery system?

Thanks in advance.

a. You would have to wait till Oct 2015. A fresh H1 can start only from that year's fiscal Year start that is Oct. So even if your employer files H1 in April 2015, and it does get approved, it can still start only from Oct 2015.
b. Yes if there is a lottery it will go through the same. Being in L1 status doesnt provide any additional benefit ifor H1 processing.

This is my opinion not legal advice.