Ecto17

Hi,
Need some help from you knowledgeable lot for my friend who lives here in the US and is from the UK.
Quick overview, here on a L1A with 2 defendants. L1 is up for its first renewal after 3 years within the next 2 months.
Where meant to have been put forward for GC by now but this has been delayed due to a backlog in the organization.
after pushing for what was going to happen with the renewal they are now needing to leave the country to apply for the renewal in the IK opposes to staying in the States as they will certainly end up on emergency visas if they take this route.
Today they have been asked if they want to be submitted for the H1B which l thought was rather odd as they are due to be traveling back shortly to get the L1 renewed and have a date for interview. Also l thought the H1B isn’t active until October if you are successful and therefore as an alternative to the L1 it seems odd as they would be placed on an emergency visa.
Basically they are unsure as to why this is being recommended (and lucky to asked accordingly to the lawyers) at this time and l wondered if anyone could advise if this seems strange offer or are they missing something and have many more benefits then the L1?
Because of the deadline approaching they have a few days to answer the lawyers so any help would be greatly appreciated.
thanks

neill

What's an emergency visa? I don't think such a thing exists.
H-1B is a very long process that requires submission of documentation in April, for a visa that is valid in October. And there's only about a 25% chance of getting one.

Ecto17

Emergency or temporary visa, basically their current one is expiring but without their renewal they would have a right to stay on a temp basis. I have no further details on that.

i need to get an understanding of the pros and cons of the H1B versus the L1. That way they can hopefully understand why the company are possibly offering the H1B lottery as an option to people whose visa expires in April when they are already booked in for an interview for the renewal on the L1. It seems odd and l don’t know enough about the H1B and it’s implications to help.
thanks

tom169

Probably best if your friend creates an account and asks.

Ecto17

l am asking on their behalf.

scrubbedexpat099

Is the employer a non profit?

What is an emergency visa?

Ecto17

No they are not a non profit, large multi national.
The emergency visa is just what they have being calling it l think. It would be the time after the visa has expired when they can legally stay whilst waiting for the renewal, limbo l guess!

scrubbedexpat099

I forget if there is a grace period, if there is it would be to pack up and leave.

So to get a H1b they need to win the lottery and wait until 1st October, so what is the plan if they do not win the lottery and between now and Ist October?

Ecto17

What l am needing to understand is what are the pros and cons between the HB1 and the L1 and why it might suggested as an option potentially over the L1?
l didn’t think there was a benefit of the HB1 which is why l wanted to check on here.
thanks

scrubbedexpat099

There are a few benefits, seems to be more common with backlogged Indians, now quite why it is attractive in this situation? Ability to move Employers?

Ecto17

I didn’t realize that about the HB1 but thank you, that is useful to know. As it stands l can’t see there being any benefit in this approach versus just renewing the L1.
Thanks again

Pulaski

If one of the dependents is a working spouse then they would have to stop working as an L-2 holder can work if they have an EAD, but a trailing spouse on an H-4 (derivative of a H-1B) cannot work.

Ecto17

That is massive, thank you!!!!

TexanScot

I don't know about the grace period, but I know that you are allowed to remain in L-1 status for 240 days past your I-94 expiration, so long as you have a pending I-129 to extend your status.

Perhaps this is what they mean by an "emergency visa"?

scrubbedexpat099

Apparently they do not want to file an extension, I have a feeling we are getting a distorted view.