L1 to H-1B - in a bit of a pickle
#1
Just Joined
Thread Starter
Joined: Nov 2009
Posts: 2
L1 to H-1B - in a bit of a pickle
Hi all,
I'm in a bit of a pickle at the moment and would love some opinions.
I'm currently working for Company A on an L1-A visa. I've been in the US working for this company since Sept 2006, and the current visa expires in Oct 2010.
I have an offer on the table from Company B, who are about to apply for an H-1B for me. However I know the quota is being fast used up (and there's no guarantee of being approved anyway), and if I miss out on the current round presumably I couldn't get an H-1B until October 2010 at the earliest.
Now, under normal circumstances I would wait for Company B's H1 to be approved (or not) before deciding to resign from Company A. HOWEVER, Company A has recently been acquired by Company C, and Company C are requiring me to sign a non-competition agreement as a condition of employment. If I sign this, I will be much less desirable to Company B, who I want to join. It's not a directly competitive business, but they are extremely cautious about potential litigation (even if the non-compete turned out to be non-enforceable, they would still have to pay a boatload of legal fees) and have indicated that if I sign the non-compete, the offer on the table from Company B would be significantly revised (downwards).
So, I would ideally like to hand in my notice to Company A/C now, but am concerned about the implications for immigration. Here are my main questions/assumptions to be validated:
- If I resign from Company A/C and immediately file an H-1B petition with Company B, I believe I will still be in legal status in the US, until that petition is resolved. Correct?
- If the H-1B petition is approved, I believe all is fine - I simply leave the US, obtain a new stamp and re-enter the US under the H-1B. Correct?
- If the H-1B petition is rejected or I don't get in under the quota cap, I believe the next chance for an H-1B would be October 2010. Correct?
- If that happens, would I have any options to work for Company B in the US until I got a new H-1B visa approved (e.g. under the VWP or a B-visa), or would I basically need to head back to the UK until I could get the H-1B?
All opinions welcome!
Thanks
I'm in a bit of a pickle at the moment and would love some opinions.
I'm currently working for Company A on an L1-A visa. I've been in the US working for this company since Sept 2006, and the current visa expires in Oct 2010.
I have an offer on the table from Company B, who are about to apply for an H-1B for me. However I know the quota is being fast used up (and there's no guarantee of being approved anyway), and if I miss out on the current round presumably I couldn't get an H-1B until October 2010 at the earliest.
Now, under normal circumstances I would wait for Company B's H1 to be approved (or not) before deciding to resign from Company A. HOWEVER, Company A has recently been acquired by Company C, and Company C are requiring me to sign a non-competition agreement as a condition of employment. If I sign this, I will be much less desirable to Company B, who I want to join. It's not a directly competitive business, but they are extremely cautious about potential litigation (even if the non-compete turned out to be non-enforceable, they would still have to pay a boatload of legal fees) and have indicated that if I sign the non-compete, the offer on the table from Company B would be significantly revised (downwards).
So, I would ideally like to hand in my notice to Company A/C now, but am concerned about the implications for immigration. Here are my main questions/assumptions to be validated:
- If I resign from Company A/C and immediately file an H-1B petition with Company B, I believe I will still be in legal status in the US, until that petition is resolved. Correct?
- If the H-1B petition is approved, I believe all is fine - I simply leave the US, obtain a new stamp and re-enter the US under the H-1B. Correct?
- If the H-1B petition is rejected or I don't get in under the quota cap, I believe the next chance for an H-1B would be October 2010. Correct?
- If that happens, would I have any options to work for Company B in the US until I got a new H-1B visa approved (e.g. under the VWP or a B-visa), or would I basically need to head back to the UK until I could get the H-1B?
All opinions welcome!
Thanks
#2
BE Enthusiast
Joined: Apr 2009
Location: Berkeley, CA
Posts: 927
Re: L1 to H-1B - in a bit of a pickle
- If the H-1B petition is approved, I believe all is fine - I simply leave the US, obtain a new stamp and re-enter the US under the H-1B. Correct?
- If the H-1B petition is rejected or I don't get in under the quota cap, I believe the next chance for an H-1B would be October 2010. Correct?
- If that happens, would I have any options to work for Company B in the US until I got a new H-1B visa approved (e.g. under the VWP or a B-visa), or would I basically need to head back to the UK until I could get the H-1B?
Sounds like you're going to have to take a calculated gamble. Can you stall on the non-compete for two weeks and get company B to file the I-129 with premium processing? BTW, it is legal for you to pay the premium processing fee yourself.
#3
BE Forum Addict
Joined: Mar 2008
Location: Santa Cruz, CA
Posts: 4,913
Re: L1 to H-1B - in a bit of a pickle
Sounds like you don't have much to lose by trying a similar approach - I assume that you are somewhat valuable to the company since, otherwise, they wouldn't even be bothering with the stupid agreement so it is highly unlikely that they will fire you on the spot for refusing to sign an agreement that they know (or should know) is pretty much worthless ...
#4
Just Joined
Thread Starter
Joined: Nov 2009
Posts: 2
Re: L1 to H-1B - in a bit of a pickle
Thanks for the responses both. We've filed a premium H-1B petition with Company B, and I'm going to wait to see what happens there before making a decision to leave. Still stalling on the non-compete!