L1B to H1B, cap reached

[nchhabria]

I am currently working for company A on L1B for 3yrs 6months and had received an offer from company B, who had initiated the LCA and after that they were going to file for H1B, but unfortunately the quota got over in between. I have the following questions:

1. Is there any other way that I could work for company B and resign from company A ? by using Change of Status or something like that ?

2. If company B files for H1B in April 2012 and suppose we do premium and the visa gets approved, so will I be able to work for company B and resign from company A in April 2012 itself or I will need to wait until Oct 1st 2012 ?

3. If I plan to work in Canada for a year and file for my H1B in Dec 2012 (assuming the cap is not over by then), will I get a fresh 6 year's period ? I have never filed for H1B yet.

Appreciate your help

[sunshineeast]

To my understanding, I can answer 1 & 2.

1. It seems illegal to work with B without a valid H1 approved Petition in hand.

There is nothing called L1 to H1 conversion. It is also a new H1B but comes under H-1B - Specialty occupation - Change of status in the U.S. In this, You will apply H1 when you are in US with active L1 state. Then once the H1 get approved (either Premium or Regular), you apply for COS from L1 to H1 and start working for H1 employer.

2. If you are applying on 2012 Cap, then you are elligible to work only on Oct -2012 even though you apply it using Premium.

3. No clue.

I'd appreciate if someone else correct me if I'm wrong.

[sivad]

Answer to 1 ) There is no way....

Answer to 2) for H1b next filing starts from April 2012 and you are not eligible to work till Oct 2012.

Answer to 3) yes but instead of that.. you can also try going for H1b in April 2012 and by Oct 2012 you will end up completing 4 yrs 5 mn. so you are left with 1 yr 7 months of H1b of 6 years.. so you apply for GC or labor and can get 1 yr H1b extension.. this plan has more feasible to stay in US and complete you GC ... all the best....

[nchhabria]

Thanks a lot for your replies.

For point 3, I like the idea of staying in US till 2012, but the only thing with some companies is that they need atleast 2 to 2 yrs 6 mths buffer period to file for a GC. Hence I was planning to move out of US (Canada / India) until Oct 2012, that ways I'll save that buffer period.

Appreciate your help and advise.