L1A to H1B - Immediate start

[Visaholder]

I have an approved L1A with company A. I have received a great offer from company B, but I can't join them as will require H1B. Company B is ready to sponsor H1B but cannot wait for me to start work by October 1st, 2012. My question is:

1. Is there any way I can join Company B before Oct 2012 ?
2. If I ask company A to convert my L1A to H1B, how much time that will take ?
3. If I ask company A to apply my case for EB1C, how much time it will take to get GC approved ?

Thanks !!

[begood]

here it is

Use below information only for information pupose. I am not an Attorney

1. Is there any way I can join Company B before Oct 2012 ?
On L1 you cnat . You need to have h1

2. If I ask company A to convert my L1A to H1B, how much time that will take ?

It will be a new h1 applictaion as there is nothing like a conversion. It will take same processing time as company B would take

3. If I ask company A to apply my case for EB1C, how much time it will take to get GC approved ?
Though Eb1 is correct, you could try that company A can apply for GC that means apply i140 on Premium processing and after that i485 or concurrently apply both and do premium processing of I-140. If you are lucky it could be anywhere from 60 to 90 days though average time takes more than that .

[shervin143]

1. Is there any way I can join Company B before Oct 2012 ?
>>> If this is a new H1B petition filed under 2013 CAP, then you cannot join Company B until the H1B petition becomes effective which will be Oct 1st or later.

2. If I ask company A to convert my L1A to H1B, how much time that will take ?
>>> 15 days by premium and 2-3 months by normal process. Irrespective of the date of approval, the effective date (if filed under a new CAP) will be Oct 1st or later. Until the H1B becomes effective, you need to be working for the L1 employer.

3. If I ask company A to apply my case for EB1C, how much time it will take to get GC approved ?
>>> GC in EB1 is very tough these days. But if things work out fine and if you are lucky, it can take anywhere between 6 months to a year as you will be directly filing I-485.

[rvisak]

1. Is there any way I can join Company B before Oct 2012 ?
>>> If this is a new H1B petition filed under 2013 CAP, then you cannot join Company B until the H1B petition becomes effective which will be Oct 1st or later.

2. If I ask company A to convert my L1A to H1B, how much time that will take ?
>>> 15 days by premium and 2-3 months by normal process. Irrespective of the date of approval, the effective date (if filed under a new CAP) will be Oct 1st or later. Until the H1B becomes effective, you need to be working for the L1 employer.

3. If I ask company A to apply my case for EB1C, how much time it will take to get GC approved ?
>>> GC in EB1 is very tough these days. But if things work out fine and if you are lucky, it can take anywhere between 6 months to a year as you will be directly filing I-485.

Shervin any particular reason you say GC in EB1 is tough ? Quite a few of my colleagues have got it, though of course internally our norm has been tightened and they only approve of it now if you are on a L1A visa - doesnt matter if you initially entered on a L1B/H1

[shervin143]

USCIS is tough on L1A candidates filing in EB1 because of the misuse of the EB1. Usually only people with advance education (example: PhD with a lot of publication, doctors) or people in managerial position with extreme experience are qualified for EB1. There are lot of companies that bring in candidates in L1A with just engineering with 5-6 years of experience. Even though their L1A gets approved (somehow), the chances of GC getting approved in EB1 for these candidates are very less because USCIS scrutinize these application more these days compared to earlier. So unless the candidate has enough education or experience to qualify for EB1, the chances are pretty less these days. The "GreenCard" section of immihelp has more information of the requirement for EB1.

Shervin any particular reason you say GC in EB1 is tough ? Quite a few of my colleagues have got it, though of course internally our norm has been tightened and they only approve of it now if you are on a L1A visa - doesnt matter if you initially entered on a L1B/H1