L1 to H1 - please respond

[KalyanT]

"I am in USA for last 5 yrs with L1B and currently on L1A with Company A which expires on Mar 2010. I am planning to apply for H1 in Mar 2008 with Company B.
Here are my queries:

(A) If a H1 is approved for me in Mar 2008 with Company B, what would be the validity period for H1 as I would complete 6 yrs in US by Jan 2009?

(B) What are my options to stay beyond Jan 2009 in US if my H1 gets approved? Can a GC be applied now by an another/future employer so that I can file a H1 extension in Jan 2009?

(C) Per my understanding, a person can apply for 1-year H-1B extensions beyond the six-year limit if at least 365 days have passed since the ""filing"" of the Labor Certification(LC) Application. Please confirm if ""filing of LC"" is OK or ""approval of LC"" is required ??

(D) If the H1 from Company B is approved in Apr 2008 and effective from Oct 2008, Can I continue to work for Company A on L1A beyond Oct 2008?

(E) Incase I get employment offer from a Canadian firm with valid Canadian visa who provide services for a US based company(near-shore). Can I travel to US from Canada often on work? My spouse is currently staying in US with valid H1 visa."

 

[lookout2007]

L1 A Querry

Group members and experts

I also have a question regarding L1 A:

I work with operations of a US manufacturing company in India and going to finish one year with the company in march 2008.

Company intends to apply for a L1 A for me in April 2008 . I have traveled to this company in US multiple times on B1 Visa for the purpose of training.My stay in US from March 07 to 08 is going to be 7-8 months.

My question is that is this stay in US is going to be excluded from 1 year if yes then I have to stay in India for 7-8 months to complete my 1 year.
Your help is highly appreciated.

 

[GotPR?]

"I am in USA for last 5 yrs with L1B and currently on L1A with Company A which expires on Mar 2010. I am planning to apply for H1 in Mar 2008 with Company B.
Here are my queries:

(A) If a H1 is approved for me in Mar 2008 with Company B, what would be the validity period for H1 as I would complete 6 yrs in US by Jan 2009?
3 months.

(B) What are my options to stay beyond Jan 2009 in US if my H1 gets approved? Can a GC be applied now by an another/future employer so that I can file a H1 extension in Jan 2009?
At least you need GC process, but that's not all. You have to file LC as soon as possible, as schedule is already very tight.

(C) Per my understanding, a person can apply for 1-year H-1B extensions beyond the six-year limit if at least 365 days have passed since the ""filing"" of the Labor Certification(LC) Application. Please confirm if ""filing of LC"" is OK or ""approval of LC"" is required ??
Filing LC is OK.

(D) If the H1 from Company B is approved in Apr 2008 and effective from Oct 2008, Can I continue to work for Company A on L1A beyond Oct 2008?
Depends on how you file H1. If you want to work for A after Oct, file H1 without change of status.

(E) Incase I get employment offer from a Canadian firm with valid Canadian visa who provide services for a US based company(near-shore). Can I travel to US from Canada often on work? My spouse is currently staying in US with valid H1 visa."

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