Hi Saurabh,
I have simple question… Hope you would be able to share your views -
I have a consultancy in India who is ready to my L1-B. This consultancy is aware that L1-B is an Intra-company transfer visa and before they file for visa they would assist me in getting a job in US company. Basically they would me the job offer letter and LCA then they will file my L1B petition with the USCIS. Do you really think that this is a possible case? Please help…
I currently have a job with Good MNC and don’t want to take a major risk with my career if this is not feasible. Kindly share your valuable thoughts.
Thank you!
-Tharam
You don’t need LCA for L1B.
If you are going for L1B there are rules like minimum 1 year of employment with the applying employer and all those. Be careful with the terms. L1 is for specialized skills with inhouse skills of the company. You cannot apply L1 with skills of just open source technologies. Read USCIS website - http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=bfd10b89284a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=bfd10b89284a3210VgnVCM100000b92ca60aRCRD
To qualify for L-1 classification in this category, the employer must:
Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1. While the business must be viable, there is no requirement that it be engaged in international trade.
To qualify, the named employee must also:
Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and
Be seeking to enter the United States to provide services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations.
[b]Specialized knowledge [/b]means either special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures (See 8 CFR 214.2(l)(1)(ii)(D)).