L1 to H1 conversion

[vikas129]

Hi,

I need some information urgently. I am here on an L1 visa, and my current assignment will end in November. I am trying to find a job here, and in the process, I heard from someone that converting from L1 to H1-B visa is an issue. I want to know -

1. Is it true that converting to H1 from L1 is a problem...does INS consider this as inappropriate and can reject it?

2. If for some reason, the H1 petition gets rejected, then it will go in my records...in that case, will getting another H1 from India be a problem if in future I want to do so?

3. Assuming that I find some company which is willing to sponsor my H1, can I start working with them immediately if my H1 gets filed and I have the acknowledgement?

3. One last thing - in the long run, can the fact that I conevrted from L1 to H1 cause any problems, say, in getting a green card or some other issue?

Please reply.
Thanks.

 

[saigc]

I need some information urgently. I am here on an L1 visa, and my current assignment will end in November. I am trying to find a job here, and in the process, I heard from someone that converting from L1 to H1-B visa is an issue. I want to know -

1. Is it true that converting to H1 from L1 is a problem...does INS consider this as inappropriate and can reject it?
no issue
2. If for some reason, the H1 petition gets rejected, then it will go in my records...in that case, will getting another H1 from India be a problem if in future I want to do so?
generally NO. but it depends on why your h1 is rejected. if the h1 denial is based on fraud or misrepresenting etc then you cant get any visa in the future
3. Assuming that I find some company which is willing to sponsor my H1, can I start working with them immediately if my H1 gets filed and I have the acknowledgement?
no. portablitity law will not apply to you. its applicable for h1 to h1 transfer and h1 extention only
3. One last thing - in the long run, can the fact that I conevrted from L1 to H1 cause any problems, say, in getting a green card or some other issue?
no

 

[vikas129]

Need some more clarifications...will appreciate if someone can respond urgently

Hello everyone,

I wanted to clarify some more things about the H1 and L1 visas. I need this information urgently and will really appreciate anyone'e help.

I worked with a company in US on an H1-B visa. Last year, I moved back to India and joined my company's India office. And within one year, I came back to USA on an L1 visa. My assignment is ending soon, and I want to know the following things:

1. Since I came back to USA within 1 year of going back, does it reset my H1 clock, or not?

2. The day my assignment ends, I will be expected to go back to India and join my company there. What if I do not go back - will the L1 be invalid and I loose my legal status?

3. My current L1 stamp says it is valid till August 2004, but the date on my I-94 card says "L1 Valid Till August 2006". Can I stay in the USA till August 2006 and be still considered legal?

4. If some other company is willling to sponsor my H1, I need to wait till I get my H1 approval in hand before I can start the job. But there are no complications involved in the L1 to H1 conversion if all the paperwork is in order....correct?

5. If my H1 approval gets delayed, and my current assignment ends, then can I continue staying here till I get the H1 approval.

6. How long does it normally take to get the H1 under premium processing?

Please respond asap...I really need this info urgently.

Thanks.