URGENT - Tranfer L1 from one company to another

[mirlosmad]

Hi,

I am on a L-1 visa in Company A(expiry Feb:2013) and have currently applied for my L1 visa extension with Company A. I have got this offer to work from Company-B and am interested in taking up this offer. However, since this year 2012 H1-B quota is over, I can apply for my H1-B the next year and only start working in October-2013. I am not sure if Company-B would be fine with waiting for almost 16 months for me to join onboard.

I am running out of ideas and have a few options that I have :

1/ Go back to India and work for Company-B from India, as they have their offices in India too. Next year apply for my H-1B, and come in October and start working here.

2/ Go back to India now for a vacation (unplanned) from Company-A and in the mean time, get Company-B to apply for my L-1B visa. I can re-enter the country with Company-B L1 visa and start working here and get my H-1 applied/approved next year.

However, in this option, I am not sure how does my employment with Company-A works...Since I am in India, and if my L-1B extension is rejected with Company-A AND also if my L1-B application is rejected with Company-B, then what do I do ?

Please let me know which idea is better and a safer option...I need to be in this country as my fiancee is here and we are getting married this year end.

Please suggest if you have more ideas too...

[Attorney_23]

In order to be eligible for L1 status, a foreign national must have worked for the company abroad in a specialized knowledge or managerial/executive capacity for at least 1 year. Based on what you have described, you would therefore be unable to file for an L1 with this new company at this time.