LonelyCloud

3 years college (UK) and 7 years direct experience, including incremental management experience. So assuming that's all ok (I know it's more complicated than that) I will word my original question better.

Is it possible to convert my L1A (current until 2019) to an H1B with a new employer (assuming all criteria is met for employment). The only references I can find are on 'other' less reputable forums.

jxv73

Yes. The correct term for this procedure is "change of status". If you travel outside the US you would need an H1B visa placed in your passport.

LonelyCloud

Thanks jxv73,

As you replied, I found the correct search term to use

Ok, so it would be a COS. I'm looking at the form and it doesn't request an additional information (like qualifications, etc). Will a new I-129 need to be completed, since I already have one for my L1? All other requirements for the COs, payslips etc are fine.

jxv73

The new employer files an I-129. The I-129 has a section where they can request the change of status (See item 4b of the form). The employer will need to get an LCA from the department of labor prior to sending the I-129.

LonelyCloud

At least they can file concurrently and use premium.

I won't hold my breath though.

N1cky

When we were in a similar position, we were told by a lawyer that we couldn't transfer from an L1 to a H1 (although there was some possibility if we had previously been on a H visa, which we hadn't).

LonelyCloud

Not to question your lawyer, but the one thing I have been able to find is numerous examples of people changing status from L1 to H1B.

N1cky

The lawyer was the one everyone on here recommends.

I seem to remember him saying you can do it, if the timing works. You can be on an L, then apply for a H in the lottery, and if you get it you can move to the new employer. But in your instance (and ours), where you need to change in the next 3 months there was no way for us to do it. If you can spin it out until the lottery opens next year, you still won't be able to start work until October 2017.

LonelyCloud

Ah yes, in that context it's correct.

However, the organisation I am talking to are cap exempt (or at least they think they are. Their lawyer may have a different view)

N1cky

I put on my original reply, but it may be different if it's a non-profit, then some other stuff. I then deleted it, and deleted that sentence too.

Hope you can figure something out, I know it's a stressful time.

LonelyCloud

Trying to get some ducks in order just incase they decide to go ahead. I've just had it confirmed that I'm a member of at least two nationally-recognized US or foreign professional associations which can be used in lieu of a degree if they have rigorous admission standards.

I'm hoping that at least one of them will put that in writing for me.

N1cky

I would highly recommend you talk to a lawyer. I was strongly encouraged to do so, and it was great advise. I had a free consultation and the advise was invaluable. It stopped us second guessing what we could and couldn't do and gave us a definite focus. I was driving myself crazy with all the possibilities.

jxv73

An L1 to H1 transfer is perfectly possible if no cap issues are involved. He is proceeding under the assumption that the new employer is cap exempt

ian-mstm

These two statements contradict each other. Either it's allowed or it isn't.

FWIW - it is allowed.

Ian

Steve_

As I mentioned above, you might want to consider E-2 because it sounds as though you have a possibility of working for two companies, so why not start your own company? If you go H-1B then you could end up in the same situation later on, they close down, lay you off, etc.

E-2 is a major PITA though. Especially if you do it via a change of status while in the US because you file the I-129 with USCIS and cross your fingers basically.

But at least you're not at the mercy of employer X anymore.

H-1B also has the downside that your spouse cannot work on H-4, but they can work as a dependent of E-2.

Also, on E-2 there is no direct path to becoming an LPR, although if you're thinking of having kids they can sponsor you when they hit 21.