L1 to H1 transfer, when will H1 come into effect


sureshv120

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Hi,

 

I am currently on L1b and my spouse if working on L2 EAD. My Spouse's employer has applied for her H1b. The H1b was picked up in the lottery and we are waiting for a result.

 

My company is ready to apply a H1b for me. I come in the H1b CAP exempt quota(not explaining the details here). I would like my company to file for the H1b, but want to ensure that my spouse's status is not affected as she is working on L2 EAD. That is I must be on L1 status till Oct, 2014. I know the easiest way to do this is to apply for my employer to file my H1b in Oct. But the problem is my L1 VISA is valid only till Dec, 14.

 

So is there anyway to file for my employer to file for H1b now, but to maintain my L1 status till Oct?

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Hi,

 

I am currently on L1b and my spouse if working on L2 EAD. My Spouse's employer has applied for her H1b. The H1b was picked up in the lottery and we are waiting for a result.

 

My company is ready to apply a H1b for me. I come in the H1b CAP exempt quota(not explaining the details here). I would like my company to file for the H1b, but want to ensure that my spouse's status is not affected as she is working on L2 EAD. That is I must be on L1 status till Oct, 2014. I know the easiest way to do this is to apply for my employer to file my H1b in Oct. But the problem is my L1 VISA is valid only till Dec, 14.

 

So is there anyway to file for my employer to file for H1b now, but to maintain my L1 status till Oct?

Yes, as it takes 3 to 4 months to get H1B approval by regular processing.

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  • 3 weeks later...

Thanks for your inputs.

 

@jairichi . But is this not a risk. What if my petition gets approved in 2 weeks. Then that will send my spouse OOS? Or is there anything I could do?

 

A different question. As mentioned before, I am CAP exempt. My current employer who wants to file H1b is asking what my previous employers stated on the agreement letter as my salary. Any idea why my current employer is interested in this?

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Thanks for your inputs.

 

@jairichi . But is this not a risk. What if my petition gets approved in 2 weeks. Then that will send my spouse OOS? Or is there anything I could do?

 

A different question. As mentioned before, I am CAP exempt. My current employer who wants to file H1b is asking what my previous employers stated on the agreement letter as my salary. Any idea why my current employer is interested in this?

A cap exempt H1B can be filed with a future start or effective date. You can plan a start date so that it does not affect your spouse's status.

Previous salary agreement with old employer is irrelevant to your new employer as a minimum salary has to be paid by employer for that position and location. The attorney will help an employer on this. On a lighter note quote whatever you want :)

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