H1-B to L1 conversion

[poojatripathy]

Hi,
I have a query. My husband is currently working in U.S on H1-B for an Indian Company A. Since I am on H4 i amnot able to work in U.S. Is it possible that my husband can get his H1-B converted to L1 while continuing to work for the same Company A so that I can get an L2 visa and can work in U.S?
His H1 visa is valid till Dec 2009 after he got an extension this April 2007.
Please help and give me the right advice.

 

[SetMax]

YES

Hi,
I have a query. My husband is currently working in U.S on H1-B for an Indian Company A. Since I am on H4 i amnot able to work in U.S. Is it possible that my husband can get his H1-B converted to L1 while continuing to work for the same Company A so that I can get an L2 visa and can work in U.S?
His H1 visa is valid till Dec 2009 after he got an extension this April 2007.
Please help and give me the right advice.

 

[techie8]

Hi,
I have a query. My husband is currently working in U.S on H1-B for an Indian Company A. Since I am on H4 i amnot able to work in U.S. Is it possible that my husband can get his H1-B converted to L1 while continuing to work for the same Company A so that I can get an L2 visa and can work in U.S?
His H1 visa is valid till Dec 2009 after he got an extension this April 2007.
Please help and give me the right advice.

Theoretically, it is possible to do it. However, please be advised that there are stringent requirements for L1 visa and you need to verify if your husband meets those.

L1 visa is considered an intracompany transfer. L1B requires that your husband have some specialized knowledge about company processes etc, that are not available to other companies. L1A is managerial category and unless your husband was a manager in India and is seeking to work as a manager in the US, he won't be eligible for that category.

Also, there are certain drawbacks with L1 visa. Change of employer is not possible and if your husband's employer asks him to go to India, he will have to go immediately. There is no grace period like H1B cases.

As always, you should always consult with a competent attorney prior to making a decision to file for a change of non immigrant status.

Good luck.

 

[poojatripathy]

Thanks very much for replying to my query. I would also like to add that he got promoted to Project Manager level in March 2007 while being at onsite. Does he become eligible for L1A visa then? Also does he have to return to India for the L1 visa stamping?

 

[techie8]

Thanks very much for replying to my query. I would also like to add that he got promoted to Project Manager level in March 2007 while being at onsite. Does he become eligible for L1A visa then? Also does he have to return to India for the L1 visa stamping?

He does not automatically become eligible to apply for L1A visa unless he meets certain criteria. One of the main requirements in order to qualify for L1 visa is that the employee (your husband) should have worked for the same company outside the US for atleast one year prior to coming to the US. It is important that the employment should have been outside the US and with the same company for which he is working in the US.

You can find more details about this at the below URL.

http://www.uscis.gov/files/pressrelease/L1_VisaReformAct_062305.pdf

Regarding the stamping, he needs to get the stamping once he leaves the US and wants to re-enter the US. However, as long as he is in the US, he does not need a new L1 stamping. An approved L1 petition is good enough for you to obtain a L2 visa.

Also, please note that it is not just sufficient to have a L2 visa in order to start working. The L2 visa entitles the holder of the visa to apply for an EAD (Employment Authorization Document) after paying the requisite fees. Once the EAD is obtained, you need to apply for a Social Security Number, which is required by any employer to put you on the payroll.

Having a L2 visa entitles you to apply for the EAD and the SSN and is not in itself sufficient to start working.