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L1 to H1 when to file ?

San Jose, CA |
Filed under: Immigration

Hi , I'm currently on 1 visa and wish to convert it to 1 for better opportunities . I've seen the existing questionnaire on this conversion , but still have few questions left . I'd appreciate any guidance I can get . Following are my doubts : - What is the best time to approach an employer who can sponsor 1 ? 1 petitions start from 1st April every year . Should employer be approached prior to that ? - I heard that the 1 job can start only after October . So , are companies really willing to wait for 6 months to get candidate ? - When do you inform about your current 1 company ? Thanks .

Attorney Answers 3

Posted

Depends upon the employer - whether they are willing to wait for six months to hire you. You would need a job offer from a prospective employer who may be willing to file an H-1B petition on your behalf on/after April 1st. As long as you maintain your current L-1 status, you can continue to work for your current employer.

Akanksha Kalra, Attorney at Law: 215-542-4905 or ak@akaimmigration.com Disclaimer: The information provided here is generalized and should not be relied upon as legal advice. This communication does not create an attorney-client relationship.

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Asker

Posted

Akanksha, Thanks for the response. Yes, I thought the same: employers have to wait for 6 months before getting person on board. I don't know if they do wait. I'm of opinion now that it works best if L1 to H1 conversion is done by current employer.

Posted

Visas in the US always begin with a letter, and never with a number. If you are referring to H-1Bs, the earliest that they can be filed is April 1. All visas will be used up long before October.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Asker

Posted

Hi, I'm sorry. I don't how it removed the letters.

Posted

One of the reasons employers file in April for start date of Oct 1 is because there are limited number of H-1B visas for each fiscal year and so if they don't line up early, the numbers get exhausted. If you rather work in H-1B status, you will look for a sponsoring company and employment accordingly.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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