L1(second time) to H1 questions

[rajagopalkc]

Hi,

I got my L1-B by company A and worked in USA from Feb 2006 to May 2007. Went to my home country and came back on june 2008 and continued till may 2009. Went to my home country again, by then my previous L1-B is expired. So filed a fresh petition and got it approved till April 2012. Now I'm again in USA from Aug 2009 till today. Here are my questions when I go for my H1B with company B

1) Which is better, shall I do a fresh petition for H1B sponsored by Company B or file a L1 to H1 COS by company B.

2) In case if COS is approved, I need to give notice period of 15 days with Company A. So shall I join Company B after 15 days of approval.

3) For how long my H1 will be valid? Will I get H1 for 3 + 3 years extension from now when I get approval or my previous visits will be accounted for the period.

4) If COS from L1 to H1 is done and if I get I-94, how does the stamping of my H1B with Company B happen?

Thanks for your help in advance.

[sk4ih]

1) L1 to H1 COS

2) After COS approval, your L1 is not valid anymore and can't work for A.

3) Initially for 3 Years. Also depends on how long you spent in US. Max is 6 years (L1+H1)

4) While in US, you don't need visa. Visa is only to enter US.

[rajagopalkc]

Thanks for the reply.

I have 3 more questions.

When company B files for L1 to H1 COS, by any chance company A will get intimated about it.

Is COS from L1 to H1 is part of the annual H1 quota from USCIS. If yes, when does the quota end for FY2009 if all the 65k is not availed.

My L1 B visa approval:
1) Oct 2005 to Oct 2008.
2) July 2009 to Apr 2012.

I'm employed in USA
1) from Feb 2006 to May 2007 - 15 months
2) from June 2008 to May 2009 - 11 months
3) from Aug 2009 to till date - 3 months
Altogether - 29 months (2 years and 5 months)
So, If I get L1 to H1 COS approved, and if it is for 3 years, when is the time before which I should apply for GC if I plan to apply while on H1.

Thanks

[sk4ih]

A will not know.

Not part of quota. March 31st.

1 Year before.

[txh1b]

A will not know.

Not part of quota. March 31st.
1 Year before.

September 30th 2010. Quota Begins Oct 1st. H1b can be applied 6 months prior to that and hence the April 1st date.