L1 to H1

[numero]

Hi fellow members.
I have been reading posts on this forum from quite a while, but posting first time here.

Need your help for a query.
I have an L1A from past 6 months from my company A but unfortunately the projects I was supposed to travel US on have been scrapped or delayed (some bad luck). I have traveled to US meanwhile on B1/B2 for short term.
My question is whether it is possible to get L1A converted to H1 while I am in India.


Any views appreciated !

[raghvi]

Hi fellow members.
I have been reading posts on this forum from quite a while, but posting first time here.

Need your help for a query.
I have an L1A from past 6 months from my company A but unfortunately the projects I was supposed to travel US on have been scrapped or delayed (some bad luck). I have traveled to US meanwhile on B1/B2 for short term.
My question is whether it is possible to get L1A converted to H1 while I am in India.


Any views appreciated !

L1 and H1 are two different visa types. They cannot be interchanged and there is no concept of "converting" an L1 visa to H1 visa.

In order for you to get H1 , an employer has to first file an H1 petition for you. If you never had an H1 filed for you, you first need to find an employer who wants to sponsor H1 for you. Once that is done, it needs to be determined whether the employer is cap exempt or cap subject. If it is a cap subject employer you need to wait till April 2016, as the current cap is closed.

This is my opinion not legal advice.

[numero]

L1 and H1 are two different visa types. They cannot be interchanged and there is no concept of "converting" an L1 visa to H1 visa.

In order for you to get H1 , an employer has to first file an H1 petition for you. If you never had an H1 filed for you, you first need to find an employer who wants to sponsor H1 for you. Once that is done, it needs to be determined whether the employer is cap exempt or cap subject. If it is a cap subject employer you need to wait till April 2016, as the current cap is closed.

This is my opinion not legal advice.

Thanks for your response. From what I understand is that I will have to go through the H1 process as fresh application filing and there is no relation or advantage of having an L1 in this regards. Pls let me know if this is correct.
Seems L1 would be of little use unless the projects materialize in the company I am working presently.

[raghvi]

Thanks for your response. From what I understand is that I will have to go through the H1 process as fresh application filing and there is no relation or advantage of having an L1 in this regards. Pls let me know if this is correct.
Seems L1 would be of little use unless the projects materialize in the company I am working presently.

Yes.
Yes or another project in same company with similar requirements.

This is my opinion not legal advice.