I am currently on H4 Visa. Company X extended offer to me, but failed to file H1 on time. My husband wants to convert his H1 to L1 so that I can get work permit on L2.
Willl there be any issues with H1 to L1 conversion. (Can anyone please share thier experience H1 to L1 conversion)
If L1 is approved, do we need to go back to India for stamping L1/L2
If L1 not approved, can we continue to stay in US on H1/H4, does L1 rejection has any negative impact in the future (GC processing)
How will your husband move to L1? A requirement for L1 (intra-company transfer visa) is that the eomployee has to have worked in/for the foreign office of the company applying for at least 1 year. So if you’re currently working in the US, i don’t see how a transfer to L1 is possible.
He has worked for the same company abroad for 3 years.
As per USCIS
Candidate has 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;
So as per the above rule, he is eligible for L1.
If your husband has worked for the employer for at least 1 year in past 3 years outside of US, then he is eligible. In addition, the work also needs to be L-1 eligible i.e. require use of employer proprietary skills/tools/application/technology which are not commonly known outside the employer. This means common technologies like Java, .NET, manual testing etc do not qualify him for L-1
The employer can file for COS from H-1/4 to L-1/2. If that gets approved, there is no need for immediate stamping. You can delay it until your next visit outside of US
No impact, and you can continue to stay on H-1/4 until those petitions’ expiration date.
Thanks a lot saurabh