If the petition is approved, the applicant will work on L1B until September 30, and switch to the H1B sponsor company on October 1. If the petition is denied or the applicant was not selected for the lottery, the L1 visa is still valid, provided that the applicant still works for the same employer.
H1B has a maximum period of 6 years, and this includes any time spent in the U. Therefore, if the applicant has already spent 4 years in the U. Either you are the visa applicant or the employer trying to hire the visa applicant, be aware of these often overlooked traps of changing status from L1 to H1B, so that you can avoid unnecessary and unpleasant surprises.
Like Like. Thank you for your message! There are a lot of points made in this post. Which one are you concerned about? This info is helpful. I have a query related to this COS, your response will be helpful. Is it just by signing I-9 — I would be considered as on H1B visa from that date? I assume my L1 will be cancelled from same day. I want to avoid any potential risk of going out of status for a day or so. Or is it mandatory that I must switch to H1B on Oct1 itself.
Sorry for the late reply. If you work for the same company, just show your H1B approval notice to your employer and do the I If you will change employer, do the I-9 and get paid starting on Oct. If you did consular processing, you can chose to remain L1 as long as your L1 is valid. I am with L1B with my current company. Is it possible that a different company can sponsor my H1B instead of my current company since this new company wants to hire me as an employee?
Are there any restrictions with regards to sponsorship from one company to a different one? No, a different company can sponsor your H1B, but you cannot start working for your new employer until your H1B is approved. If you are trying to change your status within the U. If they fire you before your H1B is approved, you will be out of status in the U.
If you are in the U. If you already have a valid H1B approval from company B, then it will be faster if you simply leave the U. I was pre selected for the H1B cap this year. Is there any chance that US embassy in my home country will not stamp my Visa.
If my visa was stamped for H1B, when will my L1B visa cancelled, revoked? What law if any? Many thanks. First, congratulations for getting selected! Assuming that your L1B and H1B employers are different companies, AND that you applied for H1B through consular processing instead of change of status, here are my answers:.
You can enter the U. However, you cannot enter the U. Also you need to be careful how to switch to H1B after that. Contact me at yanli tomitalawoffice. If you have filed COS, your status will be automatically changed to H1B on the date you requested on the application form. Like Liked by 1 person. This issue will have absolutely no relevance when and if company A files for a Green Card since you have not accepted and joined for employment with company B.
This issue will not have any impact on your current status and thereby it follows. Your travel status is safe. In short, you have every right to reject any number of offers even if the company has filed for H1.
Will there be any issue with H1 B stamping? Since I have already L1 Blanket visa? Will L1 B to H1 B transfer possible? We recommend that you move to the US on L1B.
Then, after your H-1B has come you can resign from your current job and join employer B on H1. You and your family can get H1 stamped in India the next time you travel to India. As per our experience, if you go for stamping in October-November for your H1, your L1B visa automatically gets cancelled.
It is safer to go on your L1,check out company B and then make a decision. Please talk to the lawyer of Company B before taking any action. I am planning to switch my job to company B and the company B is ready to process me an H1-B. I plan to apply the 1st of April and suppose if get the VISA approved in 12 weeks 1st of July , can i start working for that company from the 1st of July? My second query is if a consultant processes me a H1, can I transfer my H1 to another company which offers me a permanent position immediately?
According to our understanding, the first of the new H1's would be approved as of 1st October, If you have to start to work for a new employer, on a H1, you should have atleast salary slips from the company which applied for your H1. Your transfer of your H1 can happen fully after your new H1 is processed. I am presently working for company A which will apply for my L1A petition sometime in March Meanwhile another company B has shown interest in me and has offered to apply for my H1B sometime in Oct But I am interested in joining company B only in May and they are ok with this.
Now I am in a dilemma because I am faced with the following questions: 1 Is it legal for me to allow company B to apply for my H1B in the background in Oct when I am actually in the US at that time through company A?
Can I hide this fact from Company A? Can they know it at all? Company A get a notice from the consulate that my L1A has been revoked? Please note L1 and H1 are two different visa programs. You can get your new H1 stamped whenever you come to India. I am currently on L1 with a status end date date on I of 26th Aug, It seems the start date for new H1B can only be 1st Oct Note: The visa is processed by the same employer.
Legally you will be out of status if your L-1 expires on 26th August, It makes a lot of sense for your employer to apply for L-1 extension and at the same time process your H1. We think this is the only legal way you can stay back in the US. If you are out of status for more than 1 month, there are chances of many problems cropping up at the time of stamping of your H1B visa.
We strongly recommend that you talk to your employer to get your L-1 extended for a year and at the same time get your H1 processed. Please talk to your company lawyer too.
I am an employee of Company-A and was on L1-B. My L1-B was valid till Mar But my I was valid till Mar I received the approval notice and new petition of L1-A in March My L1-A petition was valid till March I had given them all my previous L1-B petitions and new L1-A petition mentioned in step The H1-B processing was going on. During this time, I went to Mumbai consulate and get my L1-A stamped based on the approval mentioned in step Company-B is not aware of my visit to India.
However, my project work in Company-A was very critical and I could not get release. Due to this I could not join Company-B in 1st of Oct I am still continuing work in Company-A and my current plan is to join company-B in Dec I have the following questions.
Is my H1 is still valid? What is my current visa status? Is there any legal problem? Is it going to affect my green card processing which company-B will start once I join them? Please suggest. Your visit to India in the month of April has no impact on H1 approval. There is no legal problem with you working on your H1. Company-B will apply for your green card only after 3 to 6 months of you working with them. Currently the green card takes anything between years for it to be approved. Please note - you have to work with Company-B for that entire period.
Is the SSN issued on my previous L1 is still valid? Previous SSN is valid, provided you have done tax filing. Hi, I have got H1B approved by Jan thru another employer, and the current employer is going to file L1 visa to me. Can it possible after H1 approval notice will process for L1? If you enter with L1 if it is stamped then H1 B will get cancelled.
My query is if i will go back to india then can i enter in US on L2 dependent visa status. L2 and H1 B don't go to together. My plans are to stay in U. Should my company apply for a Green Card now? Will this application prevent me from changing jobs in the company? Thank you.
I am on L1 for last 4. Is it allowed? Many thanks. Technically you can stay in the USA for another 6 years since your visa category changes. Also it is advisable to consult a lawyer before you go for stamping. Has your company not applied for your green card yet?
My hubby is on L1 I94 this this dec and he got his H1B approved from oct1 of If the present company revokes his L1. Can he stay in US.. It is better to move the status h1 immediately as soon as possible for it doesnot make sense staying in L Also if you need to get your H1 stamped you need to come to India as per the new BCIS rules are concerned or you need to go to your native country to get it stamped.
Hi, currently i hold L1 Visa. I heard L1 Visa holders can do multiple jobs in US. Is it true? As long as your H1 documentation is proper your visa willnot have any problem. I'm supposed to manage and start the office and then employ some other local people as staff. Is it possible to get L-1 visa before openning the company in USA? What documents are needed? You have an office or a company in the USA to apply for the L-1 visa.
I have an L-2 visa. If the H1-B worker finds a new job with a new employer, their visa would no longer be valid. To maintain their lawful status in the US, they would need to file for a new H1-B visa with their new employer as sponsor, or consider alternative visa options that may be available. The L-1A visa, for example, permits an initial stay of up to 3 years.
The visa holder may apply to extend this period for a total maximum duration of 7 years. The L-1B, however, permits up to a total maximum period of 5 years, including the initial three-year grant. With both the L1A and L1B visas, where the employee is transferring to open a new US branch, the period of leave is only one year. The H1B visa also allows an initial three-year stay. This is extendable to 6 years, where a successful application is made.
Any time spent in the US under the H1B visa will be counted towards any L1 visa maximum period, and vice versa for L1 visa stays counting towards subsequent H1B maximum period. The L1 visa route is not subject to any cap or annual limit on the number that can be issued. For successive years, the H1B has been oversubscribed, and the so-called H1B lottery is used to determine which applications will be processed and considered. Petitions should be filed in the H1B visa window, typically in the first few days of April.
H1B visas that are successful through petitioning cannot, however, take effect under the following 1 October. The H1B petition process requires the employer to file a Labor Condition Application to confirm the visa holder will be paid at or above the prevailing wage rate and that there are no US-resident workers qualified and available to fill the role.
With the L-1 visa, however, there is no LCA requirement. Under the L1 visa, the principal visa holder can be accompanied by their spouse and minor children under the L-2 visa. Further, with an L-2 visa, holders can apply for work authorization in the US. When applying for either visa, applicants will not have to evidence either substantial ties to their country of residence or their intention to leave the US on visa expiry, nor can their visa petitions be denied on these grounds.
The H1-B visa petition has to show that the applicant will be paid, as a minimum, the highest of either the relevant prevailing wage rate or actual wage rate for the role in question. L-1 visas, however, are not subject to the prevailing wage requirement. For multinational organizations transferring employees to the US on a regular basis, the Blanket L offers a convenient way to fast-track petitioning.
The H1-B offers not equivalent fast-track option for employers hiring skilled foreign workers. The H1-B allows foreign workers to take up employment in the US with an entirely new employer and company, whereas a key requirement of the L-1 visa is that the applicant has worked for the multinational employer for at least one consecutive year during the three years immediately before the date of the application.
L-1 visa holders are also strictly limited to working only for their petitioning employer once in the US. The H1-B, however, allows for applicants to file petitions in respect of multiple roles for different prospective employers and to apply to transfer their status to a new qualifying sponsor employer once in the US. Opting for the right visa for your needs will be critical when making a move to the US.
Whether the H1-B visa or the L1 is better for you will depend on your circumstances, whether you meet the eligibility requirements and if any of the visa restrictions render the route unsuitable for your needs.
If looking at a temporary transfer to work in the US, the L1 or the H1B could be appropriate depending on your circumstances. That was the most painful process I have ever gone through in my entire career of 8 years. I resigned 15 days before the COS effective date. It was like I was giving them 15 days notice. There was a risk involved because if they fired me or relieved me on the day of resignation I would be out of status.
But I knew that they needed me for at least 15 days hence they did not relieve me. They said they will file a case against me. After all the screaming and threatening the last day came and they could not do much and I left the organisation. They did not give me relieving letter and experience letter.
But I had all the salary slips with me. Its more than 6 months and I hope to get my experience letter and want to settle all matters with my previous company. Also it is a smooth process. If you have a bond then its up to you to break it and deal with the consequences. Keep copies of all your pay slips that is very important in US. Also see if you have a proper exit process in such case.
If the process is not there then the employer will make it very painful. Time from resignation to exit will be stressful and to some extent scary. Stay calm and cool. Try to exit peacefully and not with bitter relationship. This was the advice of my mentor at my first job and I was always followed it. My role is equivalent to Executive role and i have an overall experience of more than 14 Years. In India, i was Senior Engineer.
Since my role was as a non-executive role, my visa application was filed as L1B. Now it has been more than 9 months on my Current role and i am looking for expert advice from you folks for following :. Am i eligible to shift from L1B to L1A? Should i request my employer to file for H1b?
I came to US on L1 B. After 3 years while staying in US, applied for a fresh h1B. Worked for 3 months on the H1B and went back to India. Does my time in US gets reset? Can I use the remaining 5 years on H1 to stay here?
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