L1 To H1b Using Old H1b

I

itstud

New Member
Risk? in L1-2-H1 with change in employer

I have had h1 before, does that mean I can apply for COS ( l1 to h1) without waiting for quota.

1. what risks are there ( of getting rejected ?)
2. How much time will it take to get approval ?
3. If rejected , Can I apply for New quota(1 Oct) considering I have only 2+ years remaining(combine l1-h1).
4. If #3 above is not possible, can I apply for L1b to green card , how much time it takes and how early I can start working for my new employer on this ?

many thAnks
 
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itstud said:
I have had h1 before, does that mean I can apply for COS ( l1 to h1) without waiting for quota.

1. what risks are there ( of getting rejected ?)
2. How much time will it take to get approval ?
3. If rejected , Can I apply for New quota(1 Oct) considering I have only 2+ years remaining(combine l1-h1).
4. If #3 above is not possible, can I apply for L1b to green card , how much time it takes and how early I can start working for my new employer on this ?

many thAnks
Click to expand...

You do not come under H1 quota.(I read one article in Murthy.com and another one in Shusterman's website. But check with your attorney.) YOu should be able to start working with H1 petition receipt if you had H1 before.

1) No risk, the same as COS.
2) No idea, but remember you can start working with H1 petition receipt.
3) If your COS to H1 is rejected, there must be a reason for CIS to reject. New H1 willl be rejected for the same reason in that case.
4) It depends on your EB category. You apply for GC with your L1 company and upon more than 180days after I485 filing, you can invoke AC21 to join new employer. Or you can apply for GC with your new company while working at L1 company.
In either way, it's 2 -4 years process depending on your EB category.
 
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Thanks for the reply.

My attornery suggested that I can join with the fact that petition was applied at service center, no need to wait for EAC receipt.

I am confused. My risk is still at large .. that is if I join as per my attorney. and for some reason the COS is denied. I will lose my previous L1b state and at the same time my previous job. I will have no option other than to pack by bags. Besides I came to know it wasn't applied as premium. So even the EAC is going come at snail pace.

Any suggestions ...?



GotPR? said:
You do not come under H1 quota.(I read one article in Murthy.com and another one in Shusterman's website. But check with your attorney.) YOu should be able to start working with H1 petition receipt if you had H1 before.

1) No risk, the same as COS.
2) No idea, but remember you can start working with H1 petition receipt.
3) If your COS to H1 is rejected, there must be a reason for CIS to reject. New H1 willl be rejected for the same reason in that case.
4) It depends on your EB category. You apply for GC with your L1 company and upon more than 180days after I485 filing, you can invoke AC21 to join new employer. Or you can apply for GC with your new company while working at L1 company.
In either way, it's 2 -4 years process depending on your EB category.
Click to expand...
 
Hi Itstud,

I'm also in the same situation.
Could you pls tell me whether you joined your H1 company or not coz i'm replying to very old post of yours.
Below i'm posting my queries and help me with your replies/experience.
I appreciate if you give the reply. If not here is my personal id: idealjob4me@yahoo.com pls reply to this.

Here is my case:
I got my L1B (approved on august 18 2004 valid till august 15 2007) and got stamped on October 5 2004 valid till October 4 2005.

When I was in India i applied for H1B thru another company and that H1B got approved on October 1 2004 and validity till september 30 2007.

I came to US on L1B VISA, on Jan 15 2005 and got I-94 till August 2007(ie. based on petition papers).
My question is whether my H1B is still valid or not? If i want to move to my H1B company will it be any problem? Can i resign my L1B company and join H1B company without any paperwork / issues? Even if not now in future will it be any problem?
 
I am in same exact situation.

Hi rishu915,
I have similar situation. Only exception is I didnt get it stamped in India. I came here on L1 though I have H1 approval. I would like to know if I can use H1 that I got while I was in India and use it for working whiel I am here in US. or do I need to get it stamped.

If you were able to get your questions answered.Please let me know.

Thanks,
destiny
 
Hi Itstud,

What happened to your COS application? Are you started working with your H1B employer?

Can you pls share here like how did u applied for COS?, what are the documents needed? What's the fee for applying to COS?


thanks in advance

rishu
 
L1B to H1B without COS

Hi,

can anybody help me

I applied for H1B when was in india.
now I am in USA on L1 and my H1 petition is also approved
1. Can I have 2 petitions with me now
2. Can I discontinue working with my L1 Company now
2. Can I start working for my H1B Company now
3. Do I need to go back to India or Canada or mexico for H1B stamping to work for h1b company


Thanks
Rambo
 
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