B1 to L1

[ms130279]

Hi,

Currently I am working for an IT company in India and don't have any valid work visa for US as of now. The company has it's HQ in US and wants to place me there at the client site.

They are not going for H1 or L1 right away because of many pending case related to H1 & L1. Also it's very difficult now-a-days to get H1. So they are going for the B1 first and once I reach in US on B1 they will file for L1 (that is B1 to L1) in US only. I need not to come to India for Visa interview & stamping.

Now my concern is, whether it's okay to convert B1 to L1 being in US and also what could be the risk areas attached to it. I am also planning to call my wife and a year baby after sometime when I get settled down there. Will that be a problem for them?

[cooltoo8190]

Very Very Bad plan.

First on B1 you are not allowed to work and max u can stay is 90 days. First there will be lot of questions at port of entry if you enter on B1. You can even get deported if they feel you misusing B1

Even though if you get cleared for Port of Entry, you are filing L1 later on. All L1 Change of Status(COS) from US are getting denied so you visa COS will also most likely get denied. If you do a COS to H1 there is a slightly better chance but H1B quota may not last till July and your company being an Indian IT will not file for H1 since its expensive.

Even though you get B1-L1 or B1-H1 converted, your spouse will face lot of issues during stamping because you entered on B1 and then switched to L1/H1. So USCIS will question them on this and their visa may get denied.

It is better to ask file H1 asap. With proper documentation your visa can get approved.

[JoeF]

Hi,

Currently I am working for an IT company in India and don't have any valid work visa for US as of now. The company has it's HQ in US and wants to place me there at the client site.

They are not going for H1 or L1 right away because of many pending case related to H1 & L1. Also it's very difficult now-a-days to get H1. So they are going for the B1 first and once I reach in US on B1 they will file for L1 (that is B1 to L1) in US only.

Won't work. One big Indian company got into lots of problems for such a B1 abuse.

You risk your career, and may get a permanent ban. Do not participate in this kind of abuse.