Transferability of L1B Individual Approved Petition

[potamo]

Hi All,
My brother has got an L1B Individual Approved Petition from an IT company based out of India. Could you please provide your valuable feedback as whether he can transfer this petition to a different employer after coming to USA with the original employer who has filed the petition. The new employer is not an entity or related to Original Employer. Is the Individual Petition transferable.
He has not yet gone for Visa Stamping. Wants to know whether Visa Stamping for L1B Individual shows name of the Company in it.
Please provide your advise

[Libra_14]

L1 visas are linked to company only. You cannot switch companies on L1 visa.

However you can switch to H1B & do so.

[potamo]

Thanks for response.
However please clarify whether applying for H1B visa means selection through Lottery or by default a L1B visa holder is eligible to H1B Approved Petition without Applying and waiting for Lottery to pick. Is there something called L1B to H1B conversion where the approved H1B petition is obtained and candidate has to go back to home country and appear for stamping Interview.
Please explain the Process

[Libra_14]

However please clarify whether applying for H1B visa means selection through Lottery or by default a L1B visa holder is eligible to H1B Approved Petition without Applying and waiting for Lottery to pick.

H1B will be a totally new application. You have to go through lottery only.

Is there something called L1B to H1B conversion where the approved H1B petition is obtained and candidate has to go back to home country and appear for stamping Interview.
Please explain the Process

You can convert your "status" from L1B to H1B, only after approved H1B petition, but cannot covert petition.

You can continue to stay in USA without a visa after converting your status. But you will need to get it stamped if you leave USA & willing to return.

[potamo]

Hi,
Many thanks for your example to clarify the visa Status part. In case the candidate continues to stay in USA after converting the status from L1B to H1B(assuming he gets an approved H1B Petition), can the candidate work in USA with H1B as the Petition end date provided in approved H1B Petition?
Secondly does this changed status to H1B, enables the candidate to join a new employer as he is on H1B?
Since the passport does not contain any stamp related to H1B, whether this can cause any problem in stay and during departure from US.
Thanks

[Libra_14]

In case the candidate continues to stay in USA after converting the status from L1B to H1B(assuming he gets an approved H1B Petition), can the candidate work in USA with H1B as the Petition end date provided in approved H1B Petition?

That's correct. Once you switch your status to H1, your end date is what is mentioned in H1.

Secondly does this changed status to H1B, enables the candidate to join a new employer as he is on H1B?

That's correct - as long as the new employer is ready to transfer your H1B. Again H1B is also linked to company, but you can transfer it to a new employer (unlike L1).

Since the passport does not contain any stamp related to H1B, whether this can cause any problem in stay and during departure from US.

Visa is merely for entry purpose in USA. Once you are inside USA, visa is of no use. Petition is what gives you an valid status to continue staying. Thousand of students enter USA on F1 visa & then switch to OPT/H1 once they are inside USA & without any stamp of H1 visa in their passport.

[potamo]

Many thanks for your point by point answers as it clarifies my queries.
My brother asked to clarify one more question as whether on L1B individual after entering USA (by end of this year), whether he is eligible to apply for Green Card by May next year. In which category GC needs to be applied and while the GC application is on queue, even if his L1B expires, can he stay back in USA. Are there specific set of Criteria he needs to meet before his GC can be applied.
Could you please clarify on this.

[Libra_14]

Whether he is eligible to apply for Green Card by May next year.

His company can apply for his GC the very same day he lands in USA.

In which category GC needs to be applied and while the GC application is on queue

L1B is not eligible for EB1C, he'll need to apply as EB2 or EB3 (Depends).

Even if his L1B expires, can he stay back in USA.

No, he cannot stay beyond 5 years on L1B, however he can switch to H1 status & continue to stay.
Or if he can file for I485 (which depends on his I140 priority date) before expiry of his L1B, then he can stay in USA awaiting response of I485.

Are there specific set of Criteria he needs to meet before his GC can be applied.

I don't think so. Remember he cannot apply for his own GC. His company need to file for his immigration petition first.