go-fish Posted December 27, 2012 Report Share Posted December 27, 2012 Hi, I am currently in the US on L1 visa. I have been previously in the US on H1B for the same employer and then went to India. When I left the US previously, I had a H1B visa stamp valid up to May 2012. I entered the US on L1 in Oct 2012 (after the expiry of H1B). I have heard that if one had a H1B in last 6 years, he is cap-exempt and can have an H1B approved for immediate start (not effective Oct 1 of an year). So if I want to look for another job, can a potential new employer petition for H1B which is cap-exempt and also for an immediate start? Thanks Link to comment
pontevecchio Posted December 28, 2012 Report Share Posted December 28, 2012 What is your total time in L1 plus H1 status.? Link to comment
go-fish Posted December 28, 2012 Author Report Share Posted December 28, 2012 What is your total time in L1 plus H1 status.? 2 years Link to comment
pontevecchio Posted December 28, 2012 Report Share Posted December 28, 2012 You can look for an employer to file your NON CAP H1 and can start work on approval with COS. You could also opt for consular processing if you want to give notice to the L1 employer. Link to comment
go-fish Posted December 29, 2012 Author Report Share Posted December 29, 2012 You can look for an employer to file your NON CAP H1 and can start work on approval with COS. You could also opt for consular processing if you want to give notice to the L1 employer. So I can get H1B approved eve nthough the quota for this year is exhausted and it can be of immediate effective date as well? If I find an employer willing to file H1B for me, can I start working for him with the receipt notice of the filing or do I need to wait until the COS has been approved? Link to comment
pontevecchio Posted December 30, 2012 Report Share Posted December 30, 2012 You have to wait for the H1 approval. Why does your L1 employer need no notice? Link to comment
go-fish Posted January 2, 2013 Author Report Share Posted January 2, 2013 No, the employer needs notice. By immediate start I did not mean like tomorrow but after 14 day notice period. My concern was more directed towards a a regular H1B which become effective from 1 October which is 10 months from now. Link to comment
pontevecchio Posted January 3, 2013 Report Share Posted January 3, 2013 The problem is once the H1 petition with COS is approved you CANNOT work for the L1 employer. Hence you will need to go for CP and the visa route. Link to comment
go-fish Posted January 5, 2013 Author Report Share Posted January 5, 2013 The problem is once the H1 petition with COS is approved you CANNOT work for the L1 employer. Hence you will need to go for CP and the visa route. If I have to go for CP route does it mean I have to leave the US for visa stamping and cannot come before 1 Oct 2013 or I can come back to join the new employer as soon as I got the visa stamp in my passport. In case of CP, will the new visa be for 6 years or 6 minus the time spent on L1+H1B status? There is a similar situation in the following thread: http://forum.murthy.com/index.php?/topic/50267-l1-to-h1-approved-cos-or-not/ Link to comment
pontevecchio Posted January 5, 2013 Report Share Posted January 5, 2013 Remainder option gives you 4 years in total with no specific term beyond 3 years at one time. This means that once the non cap H1 petition with CP is approved you can give and finish your L1 notice and leave and get a visa ASAP and come over. Link to comment
go-fish Posted January 6, 2013 Author Report Share Posted January 6, 2013 Remainder option gives you 4 years in total with no specific term beyond 3 years at one time. This means that once the non cap H1 petition with CP is approved you can give and finish your L1 notice and leave and get a visa ASAP and come over. And if I want a 6 year H1B, I would have to wait until Oct and also I will be counted towards the cap. Right? Link to comment
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