H1B Visa interview soon - Question about Change of Status

Hi Saurabh,

I came to US in Mar 2010 on L1B visa through a renowned Indian company ‘A’. I got my status changed from L1B to H1B in Dec 2011 through an employer company ‘B’ which is not renowned at all. I was contracting through company ‘B’ and working for a client.

Again, in July 2012, I joined a very renowned US based organization ‘C’ which did my H1B transfer. I joined company ‘C’ as a full-time employee which makes my position stronger as a Visa applicant now.

Also, I have been maintaining my H1B status very well - I have all the pay stubs since July 2011 (past 1.5 year) without a single day of gap. And I have W2 and 1040 forms for years 2010 and 2011 - tax documents are also well maintained.

I am going for Visa interview in 2 weeks. My question is - what if the consular officer interviewing me asks me:

  1. “Why did you change job being on L1B? L1B is intracompany transfer and you are not supposed to change the company.”

  2. “Why did you leave a good company like ‘A’ and join such a small and unworthy company ‘B’?”

How should I tackle and answer these questions?

Please note that one of my colleagues was asked precisely these 2 questions and his situation was exactly same as mine. He had his Visa interview today.

Any help here is much appreciated.

Thanks!

Raj

  1. You can say better career opportunities. L-1 doesn’t allow you to change jobs, but you moved to H-1 first and then changed jobs. So you are legally set

  2. To get an opportunity to work for client C. Even though the company was small, yet the work was challenging etc

I assume your colleague’s visa was approved after he answered these 2 questions.

Thank you, Saurabh. Your answers are very helpful.

My colleague’s passport was kept by the consular officer though he did not mention anything about the decision taken and my colleague was not issued any 221g etc. after the interview. So we are assuming that his Visa was approved.

Hi Saurabh/Raj

I have also got H1-B approval last week from a Consulting company based in NJ and earlier I was having L1B Visa from a renowned Indian company - A.

Can I still work on L1B with my Indian company? till the time I get good offer from my consulting position?

I heard though H1-B is approved, It is not valid untill a person start working on H1-B. Is it correct?

Please let me know

Thanks
Sudhakar