L1b - > H1b change questions need urgent help

shilpi_sri

New Member
Hi,
I am on L1B visa for last 4 years(Indian),was working happily till my current employer started exploiting me because of my visa status.Now I want to join different employer & got few offers,I am very new to visa terminology etc & want your help to undersatnd following.
1 If I want to change the employer what does it take? Do i need to move to H1b
2 Is it possible to tranfer L1B -> H1B with new employer.
3 Will this H1B be a new H1B subject to cap (I'll get visa only in Oct-2005 & can start working for new employer only after Oct-2005)
4 If the new employer starts the process now how soon/when can I join new employer?
5 If the new employer is ready to apply GC thru pre-approved labor/new LC under PERM what are the complications?
6 New employer is saying that they will apply for H1B & immediately after they apply for H1B I should start working for them & do not wait for approval/stamp on my passport? Is this legal Or Do i need to wait till Oct-2005 to join them?
7 Can start multiple H1B process with different employers,what are the complications?
8 My current employer is asking me to Transfer To H1B(thru premium processing),since my Time limit on L1B (4 out of 5yrs are over) is getting over & my Green Card (LC stage) is being processed thru them so I am allowed to apply for new H1B thru Current employer.
My Question is ,If this H1B gets approved,can I use the approval for Transferring H1B to New employer,thus not apply for H1B thru new employer(instead do a H1B transfer).
9 Also do I need to go to india to get my new/Transferred H1B stamped on my passport ,before starting to work for different employer.

Thanks,
Shilpi
 
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1: Likely the best option
2: You can't transfer between visa types
3: Right. Unless you have a Masters or higher from US university, the earliest you can start working is Oct 2005, and you want to apply as soon as possible (April 2005)
4: October 2005; If you have MS or better from US, then Mar XX, 2005
5: PERM guidelines are still to be announced; preapproved is a possibility, but it may be preferable to join first on a H1 and then applying for LC-sub GC
6: You can't start working before March 2005 or Oct 2005; see question 4
9: No, you don't need a stamp on passport to change to H1B. If your new H1B comes with an I-94 attached (normal case), you have successfully converted to H1B status, and no need to leave the US. If it does not, talk to a lawyer. In either case, if you need to travel outside US and return, you need to get a new stamp.

~T
 
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