H1B to L1 - urgent please help

S

shashi_29

New Member
hi, i worked for a company in india for 2years. then i came to usa for the same company on h1b (now here for around 1year and 10months). my h1b is expiring soon. but instead of extending the h1b i want to request my company to apply for l1 so my spouse can work too (his H1 did not make it in the lottery). please let me know if you can convert h1b to l1 while you are in the usa? or do you have to go back to India to convert visa from h1b to l1? i have all the other qualifications like education, one continous year in india (in the preceding three years) etc..
please help me.. i'd really appreciate if somebody can give me some advice on this asap.
my company is not willing to change H1B to L1 saying it's against norms. Is it so? They say it's non compliance. kindly clarify.
thank you, sincerely, shashi_29
 
I d'not think you should have any issue, you can apply. Keep in mind you can stay in H1 and L1B combined 6 yrs and L1B has max of 5 yrs. If your H1 expires before the L1 approval comes, you might be out of status. Check is there any premium processing.

-sats
I am not a Attorney.
 
h1b to l1

H1B is expiring 1st of june. i have sent in papers to extend my h1b to my company.. but i wanted them to process L1 instead of H1B. I have stayed for less than 2yrs on h1b. But company is not willing to process l1 while i'm in US saying it can't be done. is that so?
Thanks for your response.

Edited to add: Suppose you change from H1 to L1 while you are in US, where do you get stamping? Do you have to go to India to get stamping or you can get stamping later when you go out of US??
Thanks!!
 
Last edited by a moderator:
L1 and H1b process can be parellel. I believe Last Action Rule applies, since you are in same company, so whichever visa comes later is your current status.

You d'not need to leave the country, you can work. if you are out you need to get stamping.
 
You must log in or register to reply here.
Top