Need Advice H1 Vs L1

[H1ORL1]

Dear Friends

Need your opinion/advice on situation I am currently in; your opinions will help me to take my decision. Look forward for all possible diverse opinions/advices along with pros and cons.

I am currently working for reputed company (10000+ employees) in India and few months back I filed H1 through small company (150 employees) based out of US. My H1 petition decision is expected anytime soon.

Now my current company got one long term project in US and they want to send me there on L1.

My clear objective is to go in US and process Green Card and settle.

Small company which is processing H1, promised that they will file GC after 6 months.

Current employer said they can file GC only after couple of years in US and they do not guarantee, however it seems they have filled GC for employees who wanted to settle in US and for whom they had requirement in US.

Initial salary at small company @85K, after one year they may think of 70:30 sharing of billing

Current company salary @100K

Small company currently have one project for next 1.5 years, they say that getting project is not difficult, however it will always be through some other vendor.

Big company have direct project with large client

Now I am in big dilemma, should I join small company on H1 OR go with current big company on L1.

Look forward for all possible advice.

[livliv]

I see a clearcut choice of L1.

Higher salary, stable job, higher chances of petition and Visa approval and work authorization for dependents.

The only risk is that there are too many cases of L1 denials (for both Visas and petitions) recently. But since you have been cap-counted (if H1 gets approved), your current employer can file H1 for you too (cap-exempt).

[H1ORL1]

Hi Livliv,

Thanks for your reply. I am currently in India also do not work for company which is filling H1, in this scenario, is it possible to transfer H1? My understanding was that H1 transfer can be done only with last 2 payslips from employer and person should be in US. Are there any leagal issues in this scenario?

Regards,

[livliv]

There is no such thing as transfer. What is commonly called as transfer is just a petition filed by another employer which is not subject to cap (because the beneficiary is counted against cap). If the beneficiary is in the US in another status, the petition may also request change or extension of status. For that part proof of current status such as paystubs is required. In case the beneficiary is outside the US, there is no status to change from or extend and no proof of current status needed.

[murphyd]

Advantages of L1

If you are in manager position and transferred as Multinational Manager, your GC could be processed in Eb1.

Your spouse, if you have one, might not need a sponsor as she will get a EAD.

Disadvantages

Very high chances of denial.

The employees of our company working in India office were told clearly by the VO that we cannot approve your L1s ( 10 of them went together), you should apply for H1s.

[H1ORL1]

Thank you both for your reply... .. My thinking is to go for H1 if approved and stamped.. as I can always change employer incase this employer do not get project .. else I will go for L1 .. am I thinking right?.... Look forward for further advise