L1 to H1 - urgent queries...


velpuri1035

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Hi,

 

I am on L1B with valid visa until Nov 5th 2016 and @US.

 

Now I have found an desi consultant who would do my H1b for the year 2015 subject to h1b cap.

 

Questions:

 

a. Is by default all H1B filing employers would apply H1b Petition approval with COS from  L1B to H1B  for people stay at US (or) is COS applied after petition approval. Do I need to inform same prior to consultant.

Need general procedure as per US immigration law.?

 

b. What are others options that I can have to work on L1B visa after Oct 2014 ( Assuming H1b petition is approved). This is just to be extra cautious that I would like to continue on L1B if there are any surprises in job market or delay in new project joining to H1b employer after OCt 2014 ?

 

d. Since I had applied L2 EAD and would like to continue my wife to work on job with L2 EAD until she finds a new employer who can file in next year. Is this legal or her L2 ead is valid until my L1B is valid?

 

e.Since my dependents are here, do I need to follow separate procedure for converting L2 to H4 visa ?

 

f. Is this safe to travel and get stamped with h1b desi consultancy as I heard a feed back in this form, that would be risk.

 

g. how long does it take one has to change LCA  procedure from one state to other state when you get a job in a different place than what you have applied during h1b petition period.

 

h. I have observed my colleague even after approved h1B visa for 2013 year, he had worked for L2 employer until December and moved to H1b employer company. He said I had applied for COS after OCT 2013 and hence I can continue to work for L2 employer. In which scenario this can happen ?

 

Please advice as I need to take decision quickly on the same

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Hi,

 

I am on L1B with valid visa until Nov 5th 2016 and @US.

 

Now I have found an desi consultant who would do my H1b for the year 2015 subject to h1b cap.

 

Questions:

 

a. Is by default all H1B filing employers would apply H1b Petition approval with COS from  L1B to H1B  for people stay at US (or) is COS applied after petition approval. Do I need to inform same prior to consultant.

Need general procedure as per US immigration law.?

 

b. What are others options that I can have to work on L1B visa after Oct 2014 ( Assuming H1b petition is approved). This is just to be extra cautious that I would like to continue on L1B if there are any surprises in job market or delay in new project joining to H1b employer after OCt 2014 ?

 

d. Since I had applied L2 EAD and would like to continue my wife to work on job with L2 EAD until she finds a new employer who can file in next year. Is this legal or her L2 ead is valid until my L1B is valid?

 

e.Since my dependents are here, do I need to follow separate procedure for converting L2 to H4 visa ?

 

f. Is this safe to travel and get stamped with h1b desi consultancy as I heard a feed back in this form, that would be risk.

 

g. how long does it take one has to change LCA  procedure from one state to other state when you get a job in a different place than what you have applied during h1b petition period.

 

h. I have observed my colleague even after approved h1B visa for 2013 year, he had worked for L2 employer until December and moved to H1b employer company. He said I had applied for COS after OCT 2013 and hence I can continue to work for L2 employer. In which scenario this can happen ?

 

Please advice as I need to take decision quickly on the same

a. It can be filed as consular processing too.

b. Refer a.

c. L2 EAD is valid till you maintain L1B status.

d. When you decide to move on H1B status you can file COS from L2 to H4 for your dependents.

e. Any consultancy is a risk. Your choice.

f. 10 days.

g. If approved as COS you will have 60 days to report to H1B employer. But, you will need to stop working immediately for L1 employer. If H1B is approved as consular processing you can work with L1 employer and when you decide to move to H1B employer you exit and enter US with a H1B visa.

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Hi Jairichi,

 

Many thanks for your prompt response, you guys are doing a great job.

 

#a - Reiterating - In which h1b petition processing stage - does employer has to differentiate COS vs CP process (or) is it based on the candidate inside US vs Outside US.

 

#b - Assume if the petition is processed along with COS, how can I continue to work for L1 employer after OCT 2014 (or) is it applicable only with CP.

 

I heard the h1b lottery system would give better preference to number of  years of experience or is generic to every one.

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Hi,

I am currently on my L1b visa. Although my L1b visa is valid till July 2016 my project would be ending in May 2014. I am planning to apply for H1b.

What is the process to apply for h1 from L1b?

Will I be in the quota for 2014 h1 cap?

As it's already march 8th, can I still approach any consultancy to file H1 for me for this year?

Do I need to have the client letter for applying for H1?

My wife is working here on H1b, can I move to h4 visa so that I can stay back in US and wait till my H1 is approved, in a worst case?

Please help......

Thank you so much in advance.

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Hi Jairichi,

 

Many thanks for your prompt response, you guys are doing a great job.

 

#a - Reiterating - In which h1b petition processing stage - does employer has to differentiate COS vs CP process (or) is it based on the candidate inside US vs Outside US.

 

#b - Assume if the petition is processed along with COS, how can I continue to work for L1 employer after OCT 2014 (or) is it applicable only with CP.

 

I heard the h1b lottery system would give better preference to number of  years of experience or is generic to every one.

a- COS can be applied only when beneficiary is in US. Consular processing can be done when beneficiary is in US or outside US.

b- If approved as COS and if you would like to continue on L1 status after Oct 2014 you would need to exit US and enter with a valid L1 visa and approval notice.

 

H1B lottery has nothing to do with years of experience. It is a randomized selection.

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Hi,

I am currently on my L1b visa. Although my L1b visa is valid till July 2016 my project would be ending in May 2014. I am planning to apply for H1b.

What is the process to apply for h1 from L1b?

Will I be in the quota for 2014 h1 cap?

As it's already march 8th, can I still approach any consultancy to file H1 for me for this year?

Do I need to have the client letter for applying for H1?

My wife is working here on H1b, can I move to h4 visa so that I can stay back in US and wait till my H1 is approved, in a worst case?

Please help......

Thank you so much in advance.

1. H1B employer files a cap subject H1B petition.

2. Yes.

3. If you can find one. Though in my opinion it is late.

4. If your employer has a client then the answer is YES.

5. Yes.

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<< b- If approved as COS and if you would like to continue on L1 status after Oct 2014 you would need to exit US and enter with a valid L1 visa and approval notice. >>

 

1. What would be the time lines of exit US and entry US after COS approval,

 

Say COS is approved around August 2014, I should be exiting before OCT 1st 2014 out of US and enter back with L1 Visa after OCT 2014 - Is this legal as my actual h1b start date started from OCT 2014 and at port of entry may catch to show H1b valid visa...

 

But I didnt understand difference here, is it just because COS had also extended I94. Could you give me any reference link for my study.

 

2.  Say I was able to enter US with L1 visa after OCT 2014, how do I change back to h1b employer - is their again COS process as I am now my entry status is on L1B employer.

 

Sorry for too many questions as this would be the situation i would be in as I might have to server notice period or to go india for vacation at december 2014.

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<< b- If approved as COS and if you would like to continue on L1 status after Oct 2014 you would need to exit US and enter with a valid L1 visa and approval notice. >>

 

1. What would be the time lines of exit US and entry US after COS approval,

 

Say COS is approved around August 2014, I should be exiting before OCT 1st 2014 out of US and enter back with L1 Visa after OCT 2014 - Is this legal as my actual h1b start date started from OCT 2014 and at port of entry may catch to show H1b valid visa...

 

But I didnt understand difference here, is it just because COS had also extended I94. Could you give me any reference link for my study.

 

2.  Say I was able to enter US with L1 visa after OCT 2014, how do I change back to h1b employer - is their again COS process as I am now my entry status is on L1B employer.

 

Sorry for too many questions as this would be the situation i would be in as I might have to server notice period or to go india for vacation at december 2014.

1. You would need to exit a day or two before H1B start date and enter with a valid L1 visa  after 1st Oct 2014. This is the right way to do.

2. Yes, employer files a COS petition and pay H1B fees again or you exit and enter US with a valid H1B visa and I797.

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