L1-B vs H1-B

R

rgirish

Registered Users (C)
Hello,

I am trying to find out the difference between L1-B and H1-B.

My company is ready to sponser either L1-B or H1-B based on what I want.

What I want to know:
1. Is GC processed faster with L1-B instead of H1-B?
2. Could RIR / PERM be applicable for Labor processing whether I am on H1-B or L1-B?
3. Is it faster to get a L1-B than an H1-B?
4. If I am on a L1-B and I get promoted to a Manager position in US, can I change my status from L1-B to L1-A?

I do not see any compelling reason to go for L1-B.

I see L1-B as a risk for the reason that, if I get laid off then it is easier for me to transfer H1 than to convert from L1-B to new H1-B.

Please advise

-G
 
Girish,
delayed reply but.....

1. Is GC processed faster with L1-B instead of H1-B?
A=> Not that I know of. L1-A is different as it doesn't need LC. You can apply for I-140 or do concurrent processing.

2. Could RIR / PERM be applicable for Labor processing whether I am on H1-B or L1-B?
A=> RIR/PERM could be applicable for both L1-B & H1-B since both need LC. RIR/PERM applies to LC process.

3. Is it faster to get a L1-B than an H1-B?
A=> Yes, since H1-B could come under cap and prewailing wage requirements. As you already know H1-B cap is reached and only option before Oct 2004 would be L1 route. Both enjoy premium processing. Not sure if blanket L1 (A/B) are processed any faster than individual L-1s

4. If I am on a L1-B and I get promoted to a Manager position in US, can I change my status from L1-B to L1-A?
A=> One ought to have worked in a managerial/supervisorial role at that foreign entity. Promotions within US "might not" qualify.

I do not see any compelling reason to go for L1-B.
A=> See 3.

I see L1-B as a risk for the reason that, if I get laid off then it is easier for me to transfer H1 than to convert from L1-B to new H1-B.
A=> Note the risk with L1 (A/B) in that it does not enjoy AC-21. So, if you're on L1 and lose your job while waiting for I-485 approval the whole thing will be erased. However, assuming that your I-485 has been pending for >180 days, while on H1-B you could look for similar job and use portability granted by AC-21 to go on with your GC process.

Might be an idea to enter on L1 (A/B) and change to H1-B after the initial 3 yrs.

Good luck.
(looks like you're already on the L1 path !!!)
 
Hello 7280,

Thanks for the information.

My L1 is approved in London and so I should be in the US shortly :)

-G
 
You must log in or register to reply here.
Top