"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? Company A and Company B are not linked and H1 is being applied as a fresh H1 and not COS (change of status)? That way can I maintain L1A from company A and H1B from Company B at the same time legally and work for Company A. Incase I can maintain both at same time, per my understanding - if I move out of US and then re-enter I have to retain only 1 visa either H1 or L1, is that true?
(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.
(F) Incase I ""do not"" get a H1 approved in Mar 2008 and a ""Labor certification"" was applied now by Company B, what happens to my GC process, can that continue? As my L1 A expires in Mar 2010, in what stage/status of GC should I be to stay in US beyond Mar 2010 ?
In what stage/status of GC would I become independent to working for any employer as I am on L1 A with Comapny A?"
(G) When Company B applies for GC now, can they go for EB1 as I am on L1 A with Company A?
(H) If - H1 from Company B is approved in Apr 2008 and effective from Oct 2008, Company B has applied for GC now and Labor certification was approved before Oct 2008, Can company B apply I 140 before Oct 2008 as I would be working for Company A till Sep 30 2008?
(I) If - H1 from Company B is approved in Apr 2008 and effective from Oct 2008, Company B has applied for GC and Labor certification was
approved before Oct 2008, I 140 was also applied and in process by Company B before Oct 2008. Can I transfer my H1 to Company C in Sep
2008? If yes, what happens to the validity of Labor certification approval I got earlier ? Should I re-apply for I 140? How much does this affect getting a GC?"
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? Company A and Company B are not linked and H1 is being applied as a fresh H1 and not COS (change of status)? That way can I maintain L1A from company A and H1B from Company B at the same time legally and work for Company A. Incase I can maintain both at same time, per my understanding - if I move out of US and then re-enter I have to retain only 1 visa either H1 or L1, is that true?
(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.
(F) Incase I ""do not"" get a H1 approved in Mar 2008 and a ""Labor certification"" was applied now by Company B, what happens to my GC process, can that continue? As my L1 A expires in Mar 2010, in what stage/status of GC should I be to stay in US beyond Mar 2010 ?
In what stage/status of GC would I become independent to working for any employer as I am on L1 A with Comapny A?"
(G) When Company B applies for GC now, can they go for EB1 as I am on L1 A with Company A?
(H) If - H1 from Company B is approved in Apr 2008 and effective from Oct 2008, Company B has applied for GC now and Labor certification was approved before Oct 2008, Can company B apply I 140 before Oct 2008 as I would be working for Company A till Sep 30 2008?
(I) If - H1 from Company B is approved in Apr 2008 and effective from Oct 2008, Company B has applied for GC and Labor certification was
approved before Oct 2008, I 140 was also applied and in process by Company B before Oct 2008. Can I transfer my H1 to Company C in Sep
2008? If yes, what happens to the validity of Labor certification approval I got earlier ? Should I re-apply for I 140? How much does this affect getting a GC?"