frencheyeglass

Hi all - any and all advise on this would be appreciated.

I work for a large European Investment Bank; I was transferred to the company's New York office on an L-1B visa in May 2017 (7 months ago). I am a UK national (& British citizen), hold a Bachelors degree and a Post-Graduate Certificate and have 4+ years of working experience in my industry. Given my experience, I believe I am classified as EB2, but I am waiting to find out.

Last week, my company's Legal advisors on all things immigration (Fragomen...who I have had a poor impression of thus far), had started advising all L-1B visa holders to apply for the upcoming H-1B visa lottery (April 2018). Their rationale for this currently seems to be the following:
I have a number of issues with the above advice.

My company (and boss) have agreed to start my GC application no later than May 2018 (waiting 1 year after arrival is company policy). I am currently putting forward a business case to have it started in January/February.

I am of the understanding that the timeline to obtain a GC for a L-1B visa holder who is a British citizen is generally between 12-18 months and almost certainly no longer than 2 years, end to end. Given this, I would fully expect my visa to be obtain well in advance of the 5 year limit for a L-1B visa. I am truly struggling to understand the rationale for this suggestion given my scenario. My worry is that the GC process takes longer once on a H-1B visa than it does if on a L1-B visa, but I don't know if this is truly.

Please can somebody advise as to the above? My boss and my company are happy for me to stay on an L-1B or apply for the H-1B - they don't care.

I have a call with Fragomen scheduled in the coming week, and would appreciate any advice. If my assumptions above are incorrect, please let me know.

S Folinsky

1) future time frames are a crap shoot.
2) the current administration is virulently anti-immigrant.
3) attorneys try to protect their clients.

frencheyeglass

Thanks

Given this, do you think it would make sense to apply for the H1B whilst under my current visa?

Fred16

One thing that jumps to mind is
So what if you do not get a H-1b

Seems odd to me, with the recommendation all apply, this question must have arisen

Maybe they have made this decision based on dates on their system where visas expire.
Now is a good time to check your dates on your visa
There will be an expiry date and a PED date
Also, what date is on your I-94

kateinbrooklyn

I read your post to my immigration lawyer relative and he says your green card timeline is too optimistic, and could take anything from a year and a half to 3 years and the process of obtaining a green card would likely be the same whether on an H1B or L1B. He says get a second opinion if you want to be more comfortable with the recommendation of Fragomen.

scrubbedexpat099

There has been a lot of fraud and inevitably it will take time to clear out well the obvious stuff.

With a H1b there are two main issues, Lottery and trailing Spouses.

Do either apply to you?

Sounds like the E is not an option.

One more thing, Company needs to update their policy, times change.

Noorah101

As a layman, my question would be why they want you to risk not getting chosen in the H visa lottery, when you have stability with your L visa. The company doesn't mind losing you?

Rene

scrubbedexpat099

Stay on L until they get a H, if they do?

retzie

Sounds like they're just hedging all bets. As in, this is how you might respond to the question "is there ANYTHING AT ALL we can do?"

If your employers want to pay for your H-1B application, it's not exactly going to do you any harm. However, you seem to be in a pretty solid position and I wouldn't stress about the L-1B/H-1B decision until you actually nab one of the latter in the lottery.

DottM

I think your timeframe on an L1B to GC is overly optimistic. If it was an L1A to GC then I would say it’s possible but with a B you need a certification of Labor which might be tough with the current administration. Do you have a spouse with you presently as they would be affected with a move to a H visa.

Rete

And what if you have a spouse that came with you under the L-1B. Under the H the spouse will no longer be able to work. Doesn't sound like a well thought out plan to me.

And 12 months will be a deciding factoring in participating in a lottery situation?


Green card applications timelines are determined by one's nationality? Never heard of that before.

Rete

And, of course, more money in fees for law firm.

frencheyeglass

Thanks for all of the replies so far. Addressing each in turn below. Having spoken to Fragomen, I actually have a fewer concerns regarding this now.

- My L1B is valid until 2022. My company is advising me to apply to H1B lotteries as it would mean I am valid to work in the US for longer, in the unlikelihood that I need additional time to secure my GC. The L1B will not be 'given up' until the H1B is obtained (if I succeed in the lottery), so there is no worry of me being without a visa.

- As somebody mentioned, they are doing this to hedge their bets. L1B cannot be extended past 5 years. H1B has a 6 year span and can be extended if a GC process has been started (which is not the case for an L1B).

- I agree that my GC timeline may be optimistic. 2-3 years may be more realistic, but I will be hoping to apply via premium processing, which should shave some months off.

- GC timelines are the same for L1B and H1B visa holders; this not being the case was my main worry.

- Yes, GC applications timelines are affected by nationality. Certain nationalities (for e.g. Indians) face a tremendous backlog for application, as per the visa bulletin.

- The main advantage of the H1B is that it would allow me to apply for other jobs in the US (as a H1B is transferrable), whilst an L1B is company specific. The disadvantage is that it would not allow me to sponsor a spouse for a working visa. I am single, however, and this is not a concern.

- Given the anti-immigration rhetoric and changes implemented by the new administration, I can understand why my company is hedging its bets.

Is there anything else that people think I need to consider? I need to provide my confirmation to apply by the first week of January.

S Folinsky

I wonder why OP had a poor opinion of the firm. (BTW, Austin Fragomen is still around and is active in the firm). My impression of the advice described was that it could no harm. It was either a hedge or insurance in which the only disadvantages were PIA, costs and fees.

The firm enjoys a good reputation among the bar. I personally know several of the partners and they are good people who I would trust.

retzie

I'm glad your attorneys were able to flesh out the situation for you. As Mr F describes, they are a large and reputable firm with which many of us have had positive experiences.

If the company are paying, I say full steam ahead. You won't actually have anything to decide until such times as you 'win' the H-1B lottery anyway.