L1 to H1 - Consular Processing

[JNJOE]

Hi,

I'm currently in L1-A status (valid till Jun 2016) with company A. I got an offer from company B. The Company B just suggested me to have H1 B tru consular Process. I' m bit confused here.

 

1. What is H1 B Consular Processing?

 

2. Can company B process H1b tru consular processing while the employee is currently with Company A with L1 A status?

 

3. Does H1B Consular Processing is cap exempted? or does it goes into the lottery pool like other H1b applications for FY 2016 Cap?

 

4. If H1B (Consular Processing) gets approved, Can I join the Company B prior to 01-Oct-2015?

 

5. If the H1 B applied tru Consular Processing gets approved, as I do have a valid L1 Status (valid till Jun 2016) 

Do I need to go out of US and get it stamped?

Or 

Can the company B apply a COS for me so that I can avoid traveling for stamping?

 

Appreciate Your Help

Thanks,

Joe

[jairichi]

1. Since you are in valid L1 status in US an employer can file a H1B petition as change of status or consular processing. Once change of status is approved you need to quit working for L1 employer and join H1B employer based on the start date approved by USCIS. For consular processing you can stay with L1 employer even after H1B petition is approved and whenever you would like to move to H1B employer you can do so (as long as H1B petition is not revoked) by exiting and entering US with a valid H1B visa and I797.

2. Yes.

3. No. Through lottery.

4. If it is a cap subject H1B petition then the earliest you can start is 1st Oct and also you would need to exit and enter US with a valid H1B visa and I797.

5. Refer 4. Yes, emoployer can file COS. Refer 1.

[JNJOE]

This helps..

Thank You Jai.

[tarun0531]

I am also in similar situtaion.

I am on L1B with I94 valid until next year July 2016 with company A. I applied for H1b with company B and has got my name for this year in lottery. Now while company B is processing petition with USCIS they have asked to join from Oct 1 2015.

1. On the other side company A has initiated my Green Card process. Now I am in dilemma, whether I should stay with A (being a very big stable company) or I am bound to join B from October.

 

2. Can I transfer my H1b to company A even without joining company B? As if I can transfer H1b to company A then I can continue my Green Card with them.

 

 

[jairichi]

I am also in similar situtaion.

I am on L1B with I94 valid until next year July 2016 with company A. I applied for H1b with company B and has got my name for this year in lottery. Now while company B is processing petition with USCIS they have asked to join from Oct 1 2015.

1. On the other side company A has initiated my Green Card process. Now I am in dilemma, whether I should stay with A (being a very big stable company) or I am bound to join B from October.

 

2. Can I transfer my H1b to company A even without joining company B? As if I can transfer H1b to company A then I can continue my Green Card with them.

1. If H1B is approved as COS and if you would like to continue on L1B just exit and enter US on Oct 1st with a valid L1B visa and I797.

2. Yes, provided H1B employer does not revoke H1B petition before Oct 1st.