Decision to stay with Indian MNC or get H1b locally and jump


i work for a Indian MNC -company A in L1a project manager role. I want plan an settle in US. My current company may not file GC I am considering to jump but also worried about the stability and career growth path working for small consultant

Any ideas or suggestions here

Also when I do apply for h1b do I need to appply in CP mode so that I can stay with company as long and check on a good time to jump

Anything will help

There are people on both sides of the aisle - some prefer to remain contractors, while others prefer to join as full-time employees to bif corporations. From immigration perspective, fulltime employees have better chances of stamping, green card etc. Also, the salary may be better in big corporations. You can get both offers and then decide after comparing them to each other.

If you want to control when to move to H-1 employer, then H-1 needs to be applied w/ CP. However, you will have to discuss w/ H-1 employer if they are ready to file w/ CP and not w/ COS (some employers do not like indecisiveness).

Thanks Saurabh !

It may have to do with how I am searching but I am did not come across any big company that files h1b when you are not working for them. All I find is local small- medium consultants

You can evaluate if it is worth the risk to go through small-mid size company in the short term and later move to a better paying bigger employer (who then doesn’t need to wait for 6 months for you). In the short term, you can file through a consulting company but one who has direct client/projects so that you can get the H-1 approval.

Hi Saurabh

Thanks for helping me.

I have another related question. If I file for H1 with CP and then if I find a bigger company can I initiate a H1b transfer with COS (together) with the new company (bigger) ?

  1. I understand that the fee is 329$ for the H1b amendment (CP to COS) and there is premium processing available. Based on your experiences do we face any issue issues like RFE with the amendment later?

Yes, this can be done. Your first H-1 is filed w/ consular processing and later another employer files a cap-exempt petition (aka H-1 transfer) along w/ COS. Actually, the COS will be accompanied w/ a I-129 petition. So the cost will be similar to your original H-1 petition and not just the COS cost. The PP services are available when COS is accompanied w/ a H-1 petition. The new petition will be subject to usual H-1 checks and validations.

Thanks Saurabh

Just to clear my understanding, when I file a h1b transfer with cos then it is alomost a new h1b petition not subject to cap but full fees. But if I just file cos after a h1b approved in cp then we just need to pay the COS fee of 329$

Actually no.

COS is $329 only if it being filed by an employer who already has an approved petition for you. You mentioned that you will file H-1 through a consulting company now w/ CP and later have COS filed through a bigger employer. That 2nd employer will have to accompany the COS along w/ cap-exempt petition as they have no current petitions for you. So the cost will be same as new H-1 petition.

Does that clarify?

Thanks Saurabh. It really cleared some air. I have some additional questions.
In my case by the time I start working on h1b in oct 2013 I will complete 4 years in L1A.

In order to get the h1 extension beyond 6 years( L1+H1) I need to file the labor 365 days before the 6 th year. While my consultant has agreed to file the labor I understand that bigger companies try to wait a year. Is it required by law or it is just a company policy?

It is not mandatory to wait for a year, but big firms wait for 6-12 months. Rationale being that they will evaluate your performance during that period before spending those GC filing fees on you. It also helps them in answering USCIS/DOL queries as to how you qualify for that offered position.

Thanks Saurabh. You are helping me shape my career move.

On the related question from above, if indeed I wait for 6 months into the 5th year (from nov 2013) to start the process will be to late for labor filing?

You will complete 4 years on L-1A in Oct 2013, correct? So you have 2 more years to go during which your PERM needs to be filed. Gives you enough time. Or did I get the dates wrong?

Thanks Saurabh

You got the dates right. Nov 2013 I will complete 4 years.

On the dates I had a small thing to clarify on the reset as they are exactly on the line.

Came to US

25th sept 2005. Left 1st Nov 2008

2nd Nov 2009

No with duration out side the US is exactly one year.I hope this is fine. The proof on date of entry is on the visa stamp(2nd Nov) but what will be the proof of date of leaving (1st nov if asked) or is it required

Here are my dates

You must have received a stamp when landing in India. This will show when you reached India and indirectly when you left US. In addition, if you can get the airline tickets for that trip, that will mention the exact date of travel.

Thanks Saurabh. Had a quick but important question

Currently I have a valid I 94 till 2015 but my petition and visa expired on oct 2012. Is there any impact on the new h1 if I apply in this year(2013)

There shouldn’t be any impact as your I-94 is still valid and you can stay/work in US on L-1 on the basis of I-94.

Are you sure your L-1 797 expired in Oct 2012?

Yes my L1 797 and visa expired in oct 2012.

If I get my h1b via w/o COS(cp mode) and later I file the COS with the same empolyer what are the risks if it is denied? My h1b is still valid right but I just need to go out of the country for stamping or I can try to get h1 transfer plus cos from another company?

You will have 3 options:

  1. File COS through your H-1 employer
  2. File COS + H-1 transfer through a different employer
  3. Get H-1 visa stamped from your home country and return to work on H-1

Chances of COS approval vary from case to case, and primarily depends upon whether you maintained legal status, and on the offered position, your profile etc.

Thanks Saurabh!
Just to confirm, In the first option,I can file without COS an then file COS after Oct 1. (quick question do we need to wait till oct it file COS?)

In both option 2 and one I mentioned above(COS with same empolyer later after oct 1) what are usual wait times for the amendment. We cannot start working till it is successfully completed right?

COS can be filed once the petition has been approved (even prior to Oct 1). Yes, you have to wait for COS approval before starting to work, and this can take 2-3 months.