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

USA L1, L2 Visa
21

Thanks Saurabh

2-3 months of uncertainity will be too long as the potential empolyer may not wait. Do we have premium processing available?

Also, if the amendment(COS) fails what are the options do we need to leave the country for counslar processing or can we file a h1 transfer+COS with another company.

22

There is no PP service available when filing just the COS. The other option is to leave country, get H-1 visa stamped and then return on H-1.

If you file H-1 transfer + COS, then you have the PP service available.

23

Thanks Saurabh. I cannot thank you enough as you have answered so many questions of mine.

I am in the middle of h1 filing from a small to med size company. I am not sure whether I need to go with out COS that will help me time it better or with COS with H1

The question what is advisable from risk point of view.

24

It comes down whether you want to start working on H-1 from Oct 1, or do you plan to have H-1 for now (to make through the cap) and file COS or change employer later. Note that doing this may burn some bridges w/ the H-1 employer.

Also ask your employer if they are open to both w/ and w/o COS. Sometimes companies want COS to be filed as they want you to start working for them from Oct 1.

Is this a consulting company? If yes, then do they have clients/projects where you can start working from Oct 1?

25

Thanks

The new empolyer is fine with out COS so he is fine with either option.

While I like the option of filing without COS that gives little more control when I switch, the question is will it expose me more risk/uncertanity with uscis then with filing COS with h1

26

When you file them together, USCIS does the verification once of all determining factors including client/project details etc. If you file H-1 and a separate COS, USCIS will do the same verification twice to ensure that employer still has the client/project etc.

So as long as you remain in valid legal status and have the documents, one is not more riskier than the other.

27

Thanks Saruabh for all your suggestions.

I got my H1 petition approved from a mid size consultant this year. I got the H1 approved till 3/20/2015.

Here are the periods of US presence mentioned in petition
11/3/2009 - 5/09/2012
6/4/2012 - till now

I was wondering is my last year starts from 3/20/2014 (last 365 days) before which I need to file the Labor (start the GC process). I mean should i have the precondition for my new employer to file before march.

Can you please help

28

Yes, you should talk to the new employer about this and ask them how soon they can start the process. Some companies prefer to wait for 6 months to see your performance etc before spending those dollars on you.

29

Thanks Saurabh.
How would I come to know when the actual last 365 start for me ? I will work with the new employer to start it soon but I think i have time will nov 2014 when I hit the last 365 days…

30

Calculate the time spent inside US on H-1 and L-1 statuses until now. Do not include any time spent outside US.

Then assume you don’t leave US at all in future, and get when you will complete 6 years inside US. Subtract 365 days from that day to know the desired date.

If you leave US in future, then that 6 year completion date is pushed out by that many days.