Need Urgent Help Regarding H1 & L1 Visa

[christy]

Hi

I am in a very difficult situation and require urgent suggestions. Could somebody please guide me.

I am selected in the lottery for H1 for 2008 and I was supposed to attend the consulate interview in November. But since some of the applications got rejected, my US employer is not confident enough to send me for the interview and they are keep on pushing the date. I got an offer from my present employer in India for B1 visa, but I told excuses as I was waiting for the interview. But now again there is a requirement to go client site and this time it is in L1. I cannot continue with my present employer if I cannot go this time. Even though it is L1, assignment will be for a shot duration(6 weeks)

1. As I am selected for H1 for 2008, will this have any impact on my L1 processing
2. If I go for L1 and comeback, will this have any impact on proceeding with my H1 interview
3. If my US employer is not confident enough to get me H1, is it possible for me to approach some other employer to employ me for the visa slot I got selected in 2008. If this is possible what is the procedure for this.

Please provide me your valuable guidance.

Thanks,
Christy

[cooldude_19802006]

hi christy,

congrats for getting H1 and L1

As u have said L1 is for short period of time then it has nothing to do with your H1 or vice versa. Both of them are different.

Infact if you return to your home after completion of your project, then it will be added advantage to your H1 visa stamping. There the counceller officer will come to know that you have returned to your home country after completion of your project and chances of getting H1 visa are high.

So, all the best for your visas stamping

[txh1b]

1. No
2. No
3. If you have the H1b approval receipt number or the copy of approval, the H1b can be transferred to any other employer even while you remain outside US without being subject to new cap or quota. Procedure is just like any new H1b. They just have to include documents to prove that you were already cap counted.

[christy]

Thank you so much for the replies. I am very much relieved now. I have a couple of more questions on finding a new employer,

1) I have a copy of my Visa Approval leter with me. Appart from that do I need any other documents from my present employer??

2) Do I need to get permission from my present employer?

3) What happens to the visa fee that my present employer paid?


Thanks for helping
Christy

[txh1b]

1. Which visa approval are you talking about? Is it the H1b petition approval (I797)?
2. No, not at all.
3. What visa fee? If it is the H1b processing fee, that has to be paid for every application by a new employer. If it is the H1b visa stamping fee, you do not need a new visa as long as you have a valid H1b (from any employer) and the new employer's approved I797.

Look into the H1b FAQs posted on the main page of immihelp following the H1b link to educate yourself about the process.

[christy]

Thanks a lot for pointing me to the FAQs. The approval letter that I having is a copy of I797 Form for my present employer. I am yet to appear for the visa interview as my employer is keep on postponding it. From the FAQs I understand that my employer has already paid for the visa application and if I try to find a new employer, then my new employer needs to file a new visa application which will not be subjected to H1 cap.

Now I have one more question. What is the time frame in which I will get exclusion from cap? Do I get this till the validity of the approval(which is mentioned as 2010 in the approval leter)

Or what is the last date before which I should appear for a visa interview?

Thanks again for helping me

Christy

[DMX17]

Under current regulations, you are exempt from cap as long as you were counted in the past and have H1 time remaining. This could mean you are excluded from the cap until you use up your 6 yrs of H1.

You can appear for visa any time you want as long as you have a valid H1 approval notice and a real job offer.