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
 
I have gone through this myself so I can give you some idea about it. Find my response beloow each questions.


anshul said:
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 ?

- Your new Employer needs to apply a fresh H1 for you.

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

- Yes. H1 Quota will apply

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 ?

- You do not have to get it stamped if you receive a new I-94 with the H1 approval. If you do not get new I-94 with approval then you have to go back to India for stamping and come back.

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 ?

- NO. Your L1 stay will be counted for the 6 years limit. After you move to H1 your limit is 6 years and not 7.

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 ?

- It is difficult to answer this one. Since new h1 quota will be avaiable only from October it can be aclose call. At the same time PERM makes big promises ,so that may help you get your LC approval in time to apply for I-140 and get 7th year extension.

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 ?

- Yes. Another company can process your Greencard while you keep working with your current emplyer on L1. You can join that company after the GC is approved. You can keep travelling to India on your L1 status. All this is possible in theory. How practical it is in real life is a ? You need to weigh the situation and accordingly make appropriate decision.

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
Click to expand...

By the way I found in my case that going back to India would have been a better option then going through these pains of geting GC and making so many compromises in life & career. Everyones situation is different so look at your's with a third person perspective.

You might be working with a good company in an executive level position and you may land up joining some small company to get your GC who may exploit you to their fullest abilities.

Hope my inputs help you.

good Luck.
 
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