Questions regarding L1 to H1 transfer


vickraman.vp

Recommended Posts

Hi, I have few questions regarding transfer of L1B (independent) to H1B while staying in the US. I'm currently in the US through Company A with L1B visa valid till Oct 2012. I have been getting opportunities for Company B but I need H1B and they are ready to do premium H1 visa processing if required. So my questions are

1. I assume there is CP and Change of Status in H1B , which one will be advisable as i'm going on a vacation right now and will not be able to go back India for visa stamping once i come back. So will COS be preferable as i will be getting a new I-94 along with the petition? If CP is preferable, why ?

2. Since i can apply only in Apr 2012, if i go for COS, my new I-94 will start only from Oct 2012 , is that right ?

3. If that is the case, what is the need to go for premium, if i have to wait for 6 months to start working ?

4. If i apply for normal process in Apr 2012, i assume we will get the approved petition within 3-4 months right ?

5. In COS, I heard if my H1b I-94 is valid from 1-Oct 2012 for company B, its illegal to work for Comp A from 1-Oct 2012. Is that right ? So will premium H1B avoid me the hassle as i know well ahead in time that i have an approved petition and will help me avoid teeth biting till August ? Is that the only benefit of Premium H1 filing ?

6. For Transfer of L1B to H1B, will any document be required from company A , as i dont want to reveal to my current company about my filing for H1b.

7. Last question is, since i have to apply for L1B renewal also since the status of H1b will be unknown, will that be an issue as both H1B for company B and L1B extension for company A will be filed at the same time.

My apology for so many questions, since it involves immigration law, i just want to be cautious on my approach.

Thanks a lot for your time and response.

Link to comment

you asked too many questions. but let me put them in simple.

1) Change of Status from L1b to H1b is good option as in 1 shot you get 2 birds. i) H1b ii) I94 , the approved start date will be your work start date which will on or from Oct 1 2011.

2) you do not need any specific details from L1b employer expect what you have already like I94, VISA / extension documents.

3) you can apply in April 1 2012 on general and if there is no response till Sept 2012 then apply for premium.

4) your L1b extension and H1b COS are independent. but wait for L1b extension approval and then go for premium process for H1b in Spet but now a days RFE (Request for Evidence) query is more frequent so make sure that you consider the time for the wort case like atleast 1 month time before making your case to premium.

Link to comment

Archived

This topic is now archived and is closed to further replies.