L1B to H1B, CoS or Consular approach. Other options.

Hi Experts,

I am currently with company A with L1B visa. My visa is getting over in August 2013 but I-94 is valid till Jan 2014. Many copmanies contacting me to file my H1B but Since my company sending me back and I will not be here on Oct 1st 2013, they are reluctant to proceed.

I work for reputed company and hence do not want to leave with a bad taste in mouth. Can anyone suggest what shall I do? How to find (genuine) companies who do not see any problem in consular approach ( stamping process from India).

If your current company is sending you back then there is no other option but to get H1 stamped via counsular processing. Other way, which I am not sure will work, but seems plausible is:-

  1. L1 to H1 in premium processing and hoping you would get the result(without RFE delays) by April end or May first week.

  2. L1 to F1 cos for covering time between August to October.

  3. F1 to H1 cos again prior to October.

Problems with above approach:-

  1. Usually the companies would not want to spend extra money on getting the case processing in premium as you any way can not work till October.

  2. F1 can be granted only when you have admission letters from the universities.

  3. Time lines may not be on your side.

Best bet is to file H1 this april, leave in August, get the H1 stamped and come back in October or try to stay here till Ocotber with the same employer A. Regarding companies which may not have problem with counsular processing, again the best bet is to get in either a US based company or to get in one of the big MNC’s explaining your situation. Most of the other consultancies will definitly have a problem with counsular processing as their approach is to first get H1 based on an inhouse project(which is “on paper” only in most of the cases) and then market the resume to get a client followed by ammendment in H1 and filing of new LCA. They would not want to get the visa stamped without client letters(or inhouse project details). Personally, the only way of finding a genuine desi consulting firm is via networking.

Best of luck !!

Hi Ankit,

Thanks for the answer. Just wanted to add 1 thing. My wife has EAD. Is there any way we can use that? in our situation? I heard EAD to H1 is easy and cap exempt as well.