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H1b via consular process

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  • H1b via consular process

    Hi

    I am working in Company A with L1b status calid till dec 2008 ,company B is intrested to apply for H1 for me.I came to know that there are 2 option when I apply for H1b for Company B

    1)Change of status(COS) wheere in I loose my L1 status as of Oct 1 2008 and it will be illegal to work for company A any more ?

    2)Comsular process : where I need to go back to some other country and get H1 stamped and then I can start working for Company B ?

    My question is ,I want to leave company A only if I have a offer in hand and want to leave after dec 2008 for personal reason.

    Is it safe to use the consular process where when I get a job I can go back to India resign -get it stamped and come back or there is any falw in my understanding of the above 2 options ?

  • #2
    Hi

    I am working in Company A with L1b status calid till dec 2008 ,company B is intrested to apply for H1 for me.I came to know that there are 2 option when I apply for H1b for Company B

    1)Change of status(COS) wheere in I loose my L1 status as of Oct 1 2008 and it will be illegal to work for company A any more ?

    2)Comsular process : where I need to go back to some other country and get H1 stamped and then I can start working for Company B ?

    My question is ,I want to leave company A only if I have a offer in hand and want to leave after dec 2008 for personal reason.

    Is it safe to use the consular process where when I get a job I can go back to India resign -get it stamped and come back or there is any falw in my understanding of the above 2 options ?

    Comment


    • #3
      I'm sure that the two options are what your lawyer says, and they're OK (in my own humble opinion). But the question is, why do you want to stay with Company A beyond the official starting date of October 01, 2008? Why do you want the rule to fit with your "personal reason" instead of your "personal reason" fitting with the rule?

      If Company B would file an H-1B petition on your behalf, it could be done only on April 01, 2008, and the corresponding Labor Condition Application (LCA) could only be 180 days away from the starting date, which is on October 01, 2008, not beyond December 2008.

      Regarding your second question; the word "safe" to do a consular visa stamping is very relative. Yes it's safe because it's according to the rules, but the final outcome depends on proof of: 1) maintenance of your L-1 status (W-2s, Income Taxes, etc.), 2) your qualification for the H-1B job offer, and 3) your H-1B petitioner's ongoing business and financial capability to pay the LCA-stipulated salary.

      Comment


      • #4
        Hi

        Thanks for your valuable input.

        I wanted to stay in company A for some time for 2 reasons

        1)it is pretty stable and little worried about the economy by the year end.So I do not want to loose L1 status from Oct 1 2008

        2)Also I want to go back to india stay for some time get married,resign,come back and then start working on H1 from comapny B

        So in the "consular process' I can take a time my move according to the Jobs(projects) available in company B

        Comment


        • #5
          I am not sure you can comment ,but does it make sense ?

          Comment


          • #6
            Then I think you can choose either of these two options:

            1) Stay with Company A if your L-1 status can still be extended: up to seven years if you're an L-1A alien (owner/manager/executive) or five years if you're on an L-1B status (special knowledge employee).

            2) H-1B for Company B and leave the US before October 01, 2008. Anyway, consular processing (appointment, interview, etc.) takes around two months on the average, so you may also accomplish your personal matters. You may also be able to bring your wife-to-be back to the US with you on an H-4 visa.

            (Just an opinion - take it or leave it).

            Comment


            • #7
              Thanks

              One final question

              H1b validity will start once I start working with H1 status and not from the petition approvaed date right?

              for E.g If I go back to india after finishing my Company A assignment (L1) then come back lets say in Oct 2009 ,I will get 3 years from
              Oct 2009 ?

              any idea ?

              Comment


              • #8
                First question, yes. Second question, no. You may adjust the starting date, but not the end date, e.g. the H-1B validity period is: 10/01/2008 - 09/30/2011, in your scenario it will become 10/01/2009 - 09/30/2011. But take care, it may not be up to you when you should enter into the US because a visa stamp has validity. Likewise, you may run into a problem upon entry with USCBP when you stayed outside of the US longer than reasonable after acquiring your H-1B visa stamp.

                Comment

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