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Hi,
I'm currently Employed in India through Company X (which has offices in India and US), and I came to US on L1b visa on 2013 and placed at client location. My L1b Visa is valid till May 2016.
As I was not getting permanent job options earlier through company X here in USA, I tried for H1b visa this year (with automatic Change of Status checked) through Consultant Y and I got it approved. But, I'm yet to get the physical copies of the H1 petition.
Now, my present company X may be willing to convert me to US employee and exploring options for the same, and I'm very much inclined towards the same.
Please help me out what are the legal options for the same. As much I gathered the information from colleagues, below are the options.
a) My present Company X can internally transfer me from India payroll to US payroll and can offer me the job here, and that will be on my Current L1b status.
But, I guess due to the change of status option checked on H1b petition, I have to go out of USA before Sept 30th 2015 and return after couple of days, say Oct 2nd week and at te Port of entry I need to use my L1b Visa, so that I-94 Automatically gets updated to L1b, and H1b change of status will be nulled for now.
-Please correct me if this assumption is wrong.
-Any repercussions of following this procedure? Can my consultant Y can revoke my H1b? and as my current L1b gets expired on 2016 May (after 3.6 years), what precautions I need to take on the same?
-Later, can I switch to H1b (for GC processing) from company X itself by transferring H1b from Consultant Y to company X?
- Can I switch to other company, say company Z later (after 6 months or a year or so) on H1b visa (i.e. change from L1b)?
b) Can my present Company X file a petition for H1b transfer from my consultant Y before October 1st 2015?, so that I can start working for company X from October 1st or after a week around?
If yes, then What documents are required and what will be the procedure. I guess I need physical copy of h1b petition approval is required for the same. Correct me if I'm wrong. I'm not planning to inform my consultant on the same till the process is over.
- Is there any chances that USCIS may cancel the H1b petition. I saw an article where it mentioned that we can not apply for transfer before Oct1st.
- What is the procedure and the Any precautions to take?
-If it is not possible before Oct 1st, then how long I need to wait and what is the procedure?
Thanks in Advance. Waiting eagerly for your reply
I'm currently Employed in India through Company X (which has offices in India and US), and I came to US on L1b visa on 2013 and placed at client location. My L1b Visa is valid till May 2016.
As I was not getting permanent job options earlier through company X here in USA, I tried for H1b visa this year (with automatic Change of Status checked) through Consultant Y and I got it approved. But, I'm yet to get the physical copies of the H1 petition.
Now, my present company X may be willing to convert me to US employee and exploring options for the same, and I'm very much inclined towards the same.
Please help me out what are the legal options for the same. As much I gathered the information from colleagues, below are the options.
a) My present Company X can internally transfer me from India payroll to US payroll and can offer me the job here, and that will be on my Current L1b status.
But, I guess due to the change of status option checked on H1b petition, I have to go out of USA before Sept 30th 2015 and return after couple of days, say Oct 2nd week and at te Port of entry I need to use my L1b Visa, so that I-94 Automatically gets updated to L1b, and H1b change of status will be nulled for now.
-Please correct me if this assumption is wrong.
-Any repercussions of following this procedure? Can my consultant Y can revoke my H1b? and as my current L1b gets expired on 2016 May (after 3.6 years), what precautions I need to take on the same?
-Later, can I switch to H1b (for GC processing) from company X itself by transferring H1b from Consultant Y to company X?
- Can I switch to other company, say company Z later (after 6 months or a year or so) on H1b visa (i.e. change from L1b)?
b) Can my present Company X file a petition for H1b transfer from my consultant Y before October 1st 2015?, so that I can start working for company X from October 1st or after a week around?
If yes, then What documents are required and what will be the procedure. I guess I need physical copy of h1b petition approval is required for the same. Correct me if I'm wrong. I'm not planning to inform my consultant on the same till the process is over.
- Is there any chances that USCIS may cancel the H1b petition. I saw an article where it mentioned that we can not apply for transfer before Oct1st.
- What is the procedure and the Any precautions to take?
-If it is not possible before Oct 1st, then how long I need to wait and what is the procedure?
Thanks in Advance. Waiting eagerly for your reply
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