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Thread: H1 Vs L1

  1. #1
    Join Date
    Feb 2008
    Posts
    3

    Default H1 Vs L1

    I work for a big India based MNC. I was in US on H1B for 3 years and now am in India. I got H1B renewed and is good till 2009. My company in India as part of new policy does not want me to go back to US on the same H1 visa. Rather they are processing my L1 visa.

    Also I married to a GC holder recently and she would be getting her citizenship in 2 years time.

    Here are a few questions...

    CASE 1

    1. Can I travel to the US on the renewed H1B visa without the knowledge of the company? Is there a possibility that the company has cancelled my H1? (which I am not aware of from the company).
    2. Is there a way to verify that my H1 is not cancelled from USCIS??
    3. Is there a risk involved in traveling (like detention at the port of entry?)
    4. Does my H1 visa get invalidated once I get the L1 stamped?


    CASE 2

    1. Lets say I get my L1 visa stamped in a months time, and fly to US along with wife, Can she file immigration for me immediately ? Will I get a EAD ? (I would like to shift the company after reaching there).
    2. I heard that there will be a delay in me getting the immigration benefits as my wife's GC has already been approved before our marriage. does this in any way impact my situation.

    CASE 3

    1.If I find a new employer while being in India, can i request him to transfer my H1 to his company? or will that require me to be present in the US?

    CASE 4

    1. I fly on L1 (or H1) whichever is better, and wait for my wife to get citizenship and then file for immigration??


    Please advice the best option for me....

    Thanks a lot in advance

  2. #2
    Join Date
    May 2006
    Posts
    21

    Default H1B visa

    You are fortunate to have so many options!!!

    CASE 1

    1. Can I travel to the US on the renewed H1B visa without the knowledge of the company? Is there a possibility that the company has cancelled my H1? (which I am not aware of from the company).
    2. Is there a way to verify that my H1 is not cancelled from USCIS??
    3. Is there a risk involved in traveling (like detention at the port of entry?)
    4. Does my H1 visa get invalidated once I get the L1 stamped?

    Ans: Company can cancel your visa but they never do it, it requires money,
    H1 visa get invalidated once the L1 stamped from the same company. I don't think there is any risk involved in traveling.

    CASE 2

    1. Lets say I get my L1 visa stamped in a months time, and fly to US along with wife, Can she file immigration for me immediately ? Will I get a EAD ? (I would like to shift the company after reaching there).
    2. I heard that there will be a delay in me getting the immigration benefits as my wife's GC has already been approved before our marriage. does this in any way impact my situation.

    ans : No

    CASE 3

    1.If I find a new employer while being in India, can i request him to transfer my H1 to his company? or will that require me to be present in the US?

    Ans: No need to present in the US

    CASE 4

    1. I fly on L1 (or H1) whichever is better, and wait for my wife to get citizenship and then file for immigration??

    Ans: you can do this too

  3. #3
    Join Date
    Mar 2008
    Posts
    1,341

    Default

    1. Applying for entry for A in H1B status when job offered is in L1 is a bad idea. Even if not immediately detected, it may be detected later and you will be in a lot of trouble that will be harder to fix than waiting to enter properly. Why would you even think about doing this!

    2. Her green card gives you no immediate employment benefit. You must maintain a valid status on your own until she naturalizes or the PR spouse visa number is available.

    3. Fine

    4. You must be employed in the correct status after entry; from your question, it is unclear whether you intend to work.

  4. #4
    Join Date
    Feb 2008
    Posts
    3

    Default H1 travel ok?

    I am confused, I hear from Samrat that its ok to travel in case 1, but cncd1 says i will be in big trouble. All I am trying to do is travel to the US and change to a new company. I dont want to work on the existing company which is processing my L1. Now can you advice... I will be quiting the existing company in any ways if not in a month maybe in 2 to 3 months.


    Also cant my wife file for my immigration irrespctive of which visa I travel on?


    can only citizens apply for there spouses immigration? Please advice.


    Is there a way I can check the status of my H1 validity online ? or over phone?


    Thanks a ton in advance...

  5. #5
    Join Date
    Dec 2006
    Posts
    35

    Default H1 travel.

    As far as I remember, Once you resign from any of the big indian MNC's, the first thing they do is, they cancel all the visa being processed from their company....I m saying this because they did it for my UK visa...I am not sure for US visa...

  6. #6
    Join Date
    Mar 2008
    Posts
    1,341

    Default

    Entering US using the papers of a company who does not have a job for you is improper. What you do if they called your employer to verify the job from entry point? You would be guilty of misreprsentation and in a lot of trouble - perhaps even permanently barred for misrepresentation. You are stating that you have a job offer and intend to work on that offer when you enter.

    I have seen too many people here recommend activities in order to enter the US that are in violation of US law because it is a faster way than doing it the legal and morally right way. Entering with the intent of not working for your sponsor is against the law.

    The fact is, there are not a large number of unfilled jobs in the US. There are many unemployed IT and tech workers. It generally takes several months to obtain a real job with a real (not Desi bodyshop) company. There are many background checks that a good employer will go through; a new guest worker cannot pass those checks - especially if he is not working.

    With the economy in a decline it will become much worse; there are an increasing number of layoffs. Employers cannot hire H1Bs if they have had layoffs in that area recently. American workers are justifiably becoming angry and vocal about being laid-off while contract workers including H1Bs remain employed. A good company walks the contractors to the door first.

    Your wife can file for you if she is a PR but there is a wait of approximately 5 years for a visa number, and you will need to maintain valid status on you own in order to be in the US. You would have to be an H1B or L1 in order to work. Since she is a PR, you would not likely get an F1 since it cannot have immigrant intent.

    The best - and really the correct - way to travel on an H1B is to find a new employer from India and have him file a new petition that is not under quota since you have an existing H1B. You then enter with the new employer's paperwork and you are good for the remainder of your 6 year period. You wife would need to naturalize before the 6 year mark unless you have an employer sponsor for a green card. If not, you would need to leave for 1 year and reapply for H1B under that quota.

    If your wife is a PR and you plan to become one and a citizen, you best not take any questionable shortcuts; it may cost you far more than the wait to do the right thing now.

  7. #7
    Join Date
    Feb 2008
    Posts
    3

    Default thanks

    thanks a lot for the detailed info...
    appreciate the response

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