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  #1 (permalink)  
Old 04-10-2007, 03:05 PM
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ambrishmisra is on a distinguished road
Default H4 to L1 - can it be done

My wife is in US since Aug, 2006 on H4.

We missed the H1-B filing last year and it doesn't look good this year too (although her petition got submitted on the first day).

Her last four years job profile (as of now):
- 2.5 years for 'Company A' (one of the top 3 Indian s/w company)
- 10 months for 'Company B'
- 8 months on H4 (in US) - NO work

Can she apply through 'Company A' for an L1 (as she has worked more than a year continuously in the last three years)?
OR its only for an company you are working for currently?

Any help will be greatly appreciated.

Last edited by ambrishmisra; 04-10-2007 at 03:43 PM. Reason: changed some info
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  #2 (permalink)  
Old 04-10-2007, 04:14 PM
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msp1976 will become famous soon enough
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Can apply through company A...
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  #3 (permalink)  
Old 04-11-2007, 02:49 PM
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Thanks a lot...
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  #4 (permalink)  
Old 04-26-2007, 11:52 PM
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Ramu25 is on a distinguished road
Default All L1, L2, L1 to H1, H1 to L1 posts here

Can I apply for the adjustment of status by my self without the H1 - employers Notice.From L1 to H1.
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  #5 (permalink)  
Old 05-05-2007, 03:57 PM
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IMGPAT is on a distinguished road
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no
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  #6 (permalink)  
Old 05-05-2007, 07:07 PM
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milind70 has a spectacular aura about milind70 has a spectacular aura about
Default

Quote:
Originally Posted by gandalf_gray
Hi friends,
Please advise me on this situation.

I am currently in US with L1B with Company A.
Company B has already filed H1B petition for me.
Assuming it gets selected & approved, Is it Possible for me to Continue with Company A after Oct1 2007 with the L1 itself.

Thanks.
I dont see any reason why you cant continue of L1 , as u would require to apply for change of status for to be on H1 and is provided your L1 is valid beyond Oct. I think you need to file Form I 539 to change the noimmigrant status for eg if u need to go from H4 to H1 then u file this form.
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  #7 (permalink)  
Old 05-05-2007, 09:33 PM
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IMGPAT is on a distinguished road
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Follow the url and refer Q.31, clearly answers your question.
http://www.immigration.com/faq/lvisa.html#77.
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  #8 (permalink)  
Old 05-06-2007, 12:32 AM
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prad123 is on a distinguished road
Default You can stick to H1

My friend was on situation. He consulted lawyer. If already change of status is applied from October 1 you will be in H1. But if you go out of country and come back before October 1st with L1 visa, you are COS will not be valid. Youcan continue in L1. But only problem is you can not switch to H1 later without stamping.
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  #9 (permalink)  
Old 05-07-2007, 10:56 PM
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Gate_jj is on a distinguished road
Question Can I keep the L1

Quote:
Originally Posted by prad123
My friend was on situation. He consulted lawyer. If already change of status is applied from October 1 you will be in H1. But if you go out of country and come back before October 1st with L1 visa, you are COS will not be valid. Youcan continue in L1. But only problem is you can not switch to H1 later without stamping.

Can you please explain the above ....

I am on L1 and wife on L2 with EAD , Now I applied for H1 for both of us with a New company. I would like continue with the L1 from the old company, in case only I get the H1 !!.

None of the explaination says this explicitly , does any one know something more in detail ..

Thanks for all the help
-j
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  #10 (permalink)  
Old 05-15-2007, 06:11 PM
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Default L1A to H1-B conversion

Hi,

One of my friend needs some advice :

I am in Company A on L1A. Client (Company B) wants to hire me on H1-B. Can I do it now ?

Please advice.

Indra
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  #11 (permalink)  
Old 05-15-2007, 06:28 PM
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hopefull can only hope to improve
Default Dont Do It

dont do it ..on L1A under NIW he/she can get a GC without labour. Just file I140 and then 485 NIW ..that would be really stupid to move L1A to H1B
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  #12 (permalink)  
Old 06-03-2007, 01:17 AM
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Default L1-B to H1-B change - Need clarification

I stayed in US for full 5 years on L1-B visa and left US on 6-Jan-07
This year I applied for H1-B and my application got selected in lottery
Need your help in clearing my below doubts..

1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and the day I'm going to enter US so that I can stay in US for another 6 years on H1-B. Is my understanding correct?

2) Is it OK to go for VISA staming before 6-Jan-08?

3) Do I need to consider any other facts than 1 year gap so that I can stay in US for another 6 years?
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  #13 (permalink)  
Old 06-03-2007, 07:30 AM
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Default

check with your company attorneys, this is serious stuff.

From what I understand:

> 1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and
> the day I'm going to enter US so that I can stay in US for another 6 years on
> H1-B. Is my understanding correct?

correct. Technically your company can file a PERM LC right now, and you can start in October (so the year after, you can get an H1 extension based on this LC), however its much much better for you to maintain this gap and start a new H1 (its easier to change jobs when you are not dependent on extensions: you get 6 full years)

> 2) Is it OK to go for VISA staming before 6-Jan-08?

yes, stamping does not matter. You can get that done anytime though its recommended to get it done close (30-60 days) to your date of travel. If you get it done now, and travel on Jan 7th, make sure you carry an updated offer letter from your company in the US, reconfirming that the position is still open for you.
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  #14 (permalink)  
Old 06-03-2007, 08:15 AM
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Default

I stayed in US for full 5 years on L1-B visa and left US on 6-Jan-07
This year I applied for H1-B and my application got selected in lottery
Need your help in clearing my below doubts..

1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and the day I'm going to enter US so that I can stay in US for another 6 years on H1-B. Is my understanding correct?

You will get 6 years as you were never on H1b before. See below I copied this from Immigration-law.com.
Devices to Delay the Reach of H-1B Six-year Limit: Assuming one has to rely on 106(a) route because the pending labor certification has yet to be certified, one can consider one of the following devices:
Overseas Trip and Recapture of H-1B Time: Currently, any period of time spent outside of the U.S. can be recaptured. This will allow stretch-out or delay of reaching the six-year limit and making him/her qualified for 7th-year H-1B extension.
Change of status back and forth between H-1B and H-4 if both spouses are H-1B professionals: The Aytes memorandum decoupled H-4 from H-1B and any period in H-4 status will not count for H-1B six-year limit. Again this will delay reach of the H-1B six-year limit. Since they have already taken out H-1B cap number, they will not be subject to the H-1B annual cap and will be able to change back to H-1B anytime, even during the period of running out of annual H-1B cap numbers.
Change of status back and forth between H-1B and other nonimmigrant status: Aytes memorandum made it clear that one does not have to maintain H-1B status to apply for 106(a) or 104(c) H-1B extension beyond six years. Again this will delay the reach of H-1B six-year limit and making them eligible for 106(a) or 104(c) extension.

I would say talk to an attorney. You can talk to Murthy on Murthy.com chat.
Find more details about Aytes memorandum
2) Is it OK to go for VISA staming before 6-Jan-08?
You can get it stamped.

3) Do I need to consider any other facts than 1 year gap so that I can stay in US for another 6 years?
Looks like nothing needed. u can come in asap.
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  #15 (permalink)  
Old 06-03-2007, 06:01 PM
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Default

Quote:
Originally Posted by hopefull
dont do it ..on L1A under NIW he/she can get a GC without labour. Just file I140 and then 485 NIW ..that would be really stupid to move L1A to H1B
Then wait for 180 days to take advantage of AC21.
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