L1 - H1 conversion or GC processing?

A

archie2005

New Member
I have a L1 visa from my current employer and am being sponsored for a new H1 from a new employer. Can anyone answer my questions?

1. I will need to quit my job as soon as my H1 petition becomes valid since this is a change of status.
2. Can another company file for my GC even though I am on L1 visa without changing to H1?

Any help is appreciated
 
I don't think so. The company that sponsored your L1 can only apply for your GC. However, your new company, sponsoring your H1 can also sponsor your GC, the only difference is labour certification. H1 will take anywhere from 2.5 to 5 years, whereas L1 takes about 1 year for GC.
 
A company you are not working for at the moment can apply for your GC. The GC is for a job in the future, though many employers probably want you to work for them already on a non-immigrant visa.
BTW: many rules have changed regarding the labor certification (it is the first step in obtaining a GC, with the exception of the L1a visa). It is referred to as PERM and you can read more about it at many immigration web sites.
 
L1B individual to H1B

I was on B1, H1 and now currently on L1B. I have valid L1B stamping till Dec-2005 and valid I-94 till Dec-2006. I will be completing 4 years in US by Dec-2005. I am with an employer A, Can I go for H1B with Employer B? If yes, can some one please answer following questions? I appreciate speedy response. Thanks a lot.

1. What is the best time to go for H1B processing?
2. Can I work for Employer A even if I have H1B approved with Employer B?
3. How long can I stay in US on H1B after switching to Employer B?
4. Do I need to get H1B stamping in India after getting H1B approval from Employer B if i work for Employer B?
5. Are there any complications/risks going for Green Card?

Thanks...
 
chinnulu1981 said:
I was on B1, H1 and now currently on L1B. I have valid L1B stamping till Dec-2005 and valid I-94 till Dec-2006. I will be completing 4 years in US by Dec-2005. I am with an employer A, Can I go for H1B with Employer B? If yes, can some one please answer following questions? I appreciate speedy response. Thanks a lot.

1. What is the best time to go for H1B processing?
2. Can I work for Employer A even if I have H1B approved with Employer B?
3. How long can I stay in US on H1B after switching to Employer B?
4. Do I need to get H1B stamping in India after getting H1B approval from Employer B if i work for Employer B?
5. Are there any complications/risks going for Green Card?

Thanks...
Click to expand...
 
archie2005 said:
I have a L1 visa from my current employer and am being sponsored for a new H1 from a new employer. Can anyone answer my questions?

1. I will need to quit my job as soon as my H1 petition becomes valid since this is a change of status.
Any help is appreciated
Click to expand...

Can you please answer this point as I am also concerned abt the same.

It would be great if you could mail me the same on rahulj2k2@yahoo.com


Cheers,
Rahul
 
1. What is the best time to go for H1B processing?
What about now? No kidding, if you want to ever apply for a greencard you need to think about the near future. That involves having enough time to process the greencard. Since you have been in H1b status before you do not fall under the cap but you need proof of your previous H1b status (such as previous USCIS approval)

2. Can I work for Employer A even if I have H1B approved with Employer B?
If you do not apply for a change of status together with the H1b application you can stay with employer A.

3. How long can I stay in US on H1B after switching to Employer B?
The total time spend in L1 and H1b cannot exceed 6 years unless you stay outside of the US for one year or more (which will reset the clock).

4. Do I need to get H1B stamping in India after getting H1B approval from Employer B if i work for Employer B?
No. You ca apply for a change of status together with the H1b application (I think it's a check box on the form)

5. Are there any complications/risks going for Green Card?
Not that I see with the information you provided. Just make sure you have enough time to go through the process.
 
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