L1B to H1B .... Can be done in 2 months ?

[abhisheks77]

Hi,

 

I am working on L1B visa from past 2.5 years. My visa is valid till 31st October. I have unavoidable visit to India from 9th October to 13th November. My H1B is already picked and today I got RFE. I am not concerned about RFE, but about timing. I will take 14 days to provide required documents to Attorney and after that they will send them to consulate. As per previous years experience, do we know, if I can get approval within 2 months (before 9th October) ? If that is possible, my company can apply for change of status from L1B to H1B.

I am not sure, but assuming that when I will be in India, I will need to be off boarded on 31st October, from my company's US branch. And I will need to re-join on 15th November, when I will reach US on H1B. Is this the way, it has to work ? Is there any work out, if anybody can think ?

I am yet to speak to HR regarding same.

 

Regards

[JoeF]

The company can change it to premium processing. That's supposed to take 15 days max for a decision.

[abhisheks77]

Thanks JoeF.

I spoke to my manager and he gave a different solution. He can apply for my L1B extension and then I can fly to India. On 'extension in process' status, I will be able to be on US payroll. Once I will get my H1B approved, he will apply for amendment for L1B and let me be on H1B only. Are there any complication in this ?

He may be thinking in this way to save money $325 for L1B extension over bigger fees of premium processing.

[jairichi]

Thanks JoeF.

I spoke to my manager and he gave a different solution. He can apply for my L1B extension and then I can fly to India. On 'extension in process' status, I will be able to be on US payroll. Once I will get my H1B approved, he will apply for amendment for L1B and let me be on H1B only. Are there any complication in this ?

He may be thinking in this way to save money $325 for L1B extension over bigger fees of premium processing.

You can pay for PP. That is legal.

What is the need for L1B extension when you are planning to work from India till H1B approval? Once H1B is approved then enter US with a valid H1B visa and I797.

[abhisheks77]

>>What is the need for L1B extension when you are planning to work from India till H1B approval?<< . I am getting salary from US branch of my company. I have visa only till 31st October. After that, on what behalf, I will get salary if I am not authorize to stay in US ?

That is the reason, we thought if L1B extension can buy us some time.