Blanket L1 to H1B (New quota for 2005)

[roshin]

Hi,

Could you please clarify the following doubts regarding moving from Blanket L1 to H1 B visa.

1. Currently am working for an Indian employer on Blanket L1 visa, mean time i have got an offer with a US employer who is ready to process Premium H1B during April 2005; the doubt is that whether he can process the same as a status change? or should i go back to india and get it stamped before moving to the new employer?

2. The important part is that the premium H1B will belong to the quota for 2005 which would only be valid from 1st October 2005, so when can I join the new employer? is it from the date on which the premium H1B gets approved (i.e. in April as am applying as a status change) or should i wait till October (when the visa quota gets validity).

3. If i apply H1B as a status change and in case i had to go back to India before joining the new employer is there any legal issue for getting it stamped from the US Consulate in India.

 

[Chris Brunot]

1. Yes, you can change status to H-1B from L-1. However, even if your employer files the petition on April 2005, the start date can be no earlier than Oct. 1, 2005 since the petition will be for H-1B towards quota for FY 2006. I don't see why should your employer spend additional 1000 bucks on premium, in that case. No need to get a new visa stamped unless, you really have to leave the US. For reentering, you will require appropriate visa stamp.

2. As explained above, the petition will be approved only from Oct 1.Thus, you have no choice but to wait for Oct 1 to start working with new employer.

3. Once you apply for change of status and the petition is approved, then when you go back to your home country, you will need H-1B visa stamp in your passport to enter the US.