L1 A to H1 B transfer

[deepikasharma]

Hello
I have few concerns. Please spare a minute and help me to solve my queries.
My Husband recently got L1 A visa after ref. We waited for this visa for like 3 years. My husband was having the friendly relations with the employer. Now after we have received the visa our employer is not willing to send us on L1 and L2. He is negotiating alot as far as my husband's salary is concerned. If somehow we manage to go USA after convincing my husband's employer what are the possibilities of transferring our visa into F1 or H1. I am a research student and can start doing Masters in Research or Phd. Can my Husband work after becoming my dependent? what are the possibilities of getting H1 visa ? Since H1 dependent also cant work. So Is it possible for me and my husband to go on student visa together or file h1 together. what is the meaning of lottery system.
I am just very confused.
I also have an offer from Australian University for Phd.
If its difficult to convert L1 visa and there is no scope for H1 then i would like to go to Australia without wasting time. so please guide me and help me in taking this decision.
Thanks

[raghvi]

Hello
I have few concerns. Please spare a minute and help me to solve my queries.
My Husband recently got L1 A visa after ref. We waited for this visa for like 3 years. My husband was having the friendly relations with the employer. Now after we have received the visa our employer is not willing to send us on L1 and L2. He is negotiating alot as far as my husband's salary is concerned. If somehow we manage to go USA after convincing my husband's employer what are the possibilities of transferring our visa into F1 or H1. I am a research student and can start doing Masters in Research or Phd. Can my Husband work after becoming my dependent? what are the possibilities of getting H1 visa ? Since H1 dependent also cant work. So Is it possible for me and my husband to go on student visa together or file h1 together. what is the meaning of lottery system.
I am just very confused.
I also have an offer from Australian University for Phd.
If its difficult to convert L1 visa and there is no scope for H1 then i would like to go to Australia without wasting time. so please guide me and help me in taking this decision.
Thanks

For H1 one needs to be part of the H1 Cap, which opens in April 2017 and earliest start date is Oct 2017. It has been having a lottery system for last 3 Years, so luck plays a role there. OR a non profit organization , should sponsor H1. Working for non profit H1 or moving to F1 would put financial stress as income options on either of these visa is very limited.

Best bet is to travel on L1A and convince L1 employer to file GC under EB1 category and get GC within a Year or so. But if they are already dilly dallying over salaries I don't know how much they will support GC in EB1. It all depends how critical your spouse is to them.

As H1 will take at least another year, and has an uncertainty in terms of the lottery, Australia seems to be the next best option.

This is my opinion not legal advice.