L1 to H1 and then Green Card

A

anshul

Registered Users (C)
I have been in US on a L1 visa for 4 years and 6 months now. The company I work with do not sponser green cards. So far I was inclined on going back to India after my 7 years on L1 are over. Now I have changed my mind and am looking at varoius options of getting a Green Card. I will have to change the employeer ...

1. The most likely choice will be to get a new job and transfer to H1 ? Can this be done L1 to H1 , if a get a job and an employeer ready to sponser H1 ?

2. Will H1 Quota apply to me ... as I am already in US ( on L1) ?

3. Will I have to get H1 stamped after joining the new company (on h1 receit) and getting the H1 approval ? Can it be done here in US or will I have to go back to my native country for it (India)? Can this be done in Canada ?

4. Once I am on H1 can I stay for another 6 years ( limit for H1) ? Or will my time spent in US so far counts towards that ?

5. If 6 years limit apply, do I have enough time to get into status where I can apply for H1B extension, beyond 6 years ?

6. While I am on L1, can a second company which I do not work for apply Labor for me as a future employee ? Saw some posts and there seems to be a provision like that. At what stage do I HAVE to join that new company ?
Can I travel to India in L1 status while this labor is panding ?

Please... If someone have been in same situation and have tried something similar.. please share your experience... Or if you think you have answers to one or more questions above...

Thanks
 
1. Yes
2. In case you did not have an H1 before, the quota applies to you
3. You can stay here and change your status from L1 to H1. However, in case you want to travel out of the US and come back you need the H1 visa stamp in your passport. You can get the stamp in Canada but there is always the risk of being denied and then you still need to go to your home country
4. Your time spend in L1 status counts towards the 6 year H1 limit
5. That is going to be quite tricky. You need to have your labor pending for at least a year to be eligible for 7th year and beyond extension as far as I remember (check the USCIS rules).
6. If you can find a company willing to wait, yes, that's a great option. You can join them after your application and change of status has been approved. Yes, you can travel as you want - the L1 visa allows for immigration intent.
Please check with an attorney for detailed answers to your questions.
 
L1 To H1

hi anshul and bob,
we are facinga similar situation .

1. my husband was on H1 for one year and then converted his H1 to L1

2. how easy is it now to get a H1 .esply coz this year ,2005 quota is over for H1
will his earlier being on H1 be an advantage or disadvantage....

3. our L1 visa is valid only till august 2006, after which husband says he has to return to india /cannada(iam not sure, if there is any provision like that)for atleast 6 months to an year before he gets a chance to return to US

4.i ,wife, stand a very good chance of getting into an university as early as this may,2005. the program is of 2year duration

5.so is it advisable to convert to F1 or is it beneficial to be on L2 till next august?
do i have to return to india to get F1 ....will it be a smooth transition or do i stand a chance of rejection of my F1?


i know its alot of questions..pls try to help out

any advise on my situation will be greatly appreciated....
thank you in advance..
will await ur responses eagerly
anita
 
2. With his earlier H1b he can take advantage of the AC12 rules, so he does not come under the yearly H1b cap:
" Persons who have previously been counted against the H1B quota (a person would only be counted once against the cap unless s/he has a year outside the U.S., thereby resetting the clock on the six-year limit."
It is just a matter of finding an employer willing to sponsor. The only disadvantage of his current L1 status is that he needs to wait for the actual approval before he can start working with the new sponsor.

3. After using up your 6 years in H1b, you need to be outside of the US for one year to be eligible for a new H1b.

5. That all depends. It might be a good idea to be in F1 status so you do not depend on your husband's status (in case of layoffs). As a general rule the F1 status also provides you with employment authorization for one year after graduation (OPT). On the other hand, being in L2 visa already gives you unrestricted employment authorization and you might be eligible for in-state tuition for a state sponsored school (not sure about that though). It probably all depends on the stability of your husband's job?!?!
You can get your status changed here in the US, but in case you want to travel outside, you need to get the stamp in your passport, preferably from a consulate in your home country.

Please note that the F1 visa status does NOT allow for immigration intent. In case your husband has filed for a greencard petition through his work can make it very difficult for you to get an F1 visa stamp outside of the US.
 
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