L1 to H1 ( previously been in h1)

I

itstud

New Member
I would like to know what option I have for getting H1.

I came in US on B1 for 3 months went back. After 6 months of stay in India I came back on H1B .
I spent 3 months ( sept 2001 to Nov 2001) of H1 and went back for 30 days vacation .
This time I came on L1 in Jan 2002, since then I am on L1 , stay in for last 3 years . In between I have taken 3 vacation but not more that 30 days each time.

Will I have any advantage on switching to H1 ( new employer ) from L1 , can I skip the cap / quota.
If yes , then what is the right process to follow ?

Thanks.
 
As far as I know, you are exempt from the cap. Please note that your time in L1 status also counts towards the maximum of 6 years that you can be in H1b.

You do have a major advantage when in H1b since it allows you to change employers more easily. When switching from L1 to H1b you do need to wait for the actual approval notice before you can start working with the new employer.
 
Thanks for the information. This brings me to another question.

What are my chances of getting a GC given my visa details and durations.

Thanks
 
Lets start with a company willing to sponsor you for your greencard. When you are in L1a visa status you can get through the process a bit faster since you can skip the labor certification step. The H1b status has an added advantage of being able to extend the status beyond six years when a greencard application is pending for more than 180 days. Otherwise there is no difference between L1 and H1b.

Starting from the end of March, the old labor certification process will be replaced with PERM. PERM is expected to take only 2 montsh or so as compared to several years for the old system.

However, much has been written lately about possible retrogression of available visa numbers. That relates to the follow up steps in the greencard process. If you have the oppportunity, you should file asap. Please check with your attorney.
 
Thanks again.
Quite interesting. One more question this may be obvious but want to make sure.

If I am on L1A ( say I somehow manage to get L1A from my company A) and I want to get employed by company B.
Can B file for my GC( no H1b mediation) while I am still on L1A and employed by A.
 
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Yes, a green card application is for a job in the future. So it can be your current employer or a different one.
 
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