H1B versus L1A
#16
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Re: H1B versus L1A
yes that is what they mean. Apologies for the rabbit hole l took everyone down with the ‘emergency visa’ phrase.
#17
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Re: H1B versus L1A
Is an extension different from a renewal? They just want to renewal the L1 but were thrown and confused by the offer of going forward for the H1B which is why l asked on here about the pros and cons of both visas. Seems clear that the L1 looks like a better fit in these circumstances.
#18
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Re: H1B versus L1A
I think you're getting confused by the terminology.
There will be an L-1 non-immigrant visa in the passport which will be valid for up to five years (this may differ, but mine and everyone else I know got five years).
A visa just allows someone to travel to the United States and request entry under a specific classification (in this instance L-1), and they would normally be admitted up to the expiration date of their I-129 petition.
The initial petition will be valid for three years, at which point the non-immigrant must leave the United States (the visa just allows them to request entry, it's the petition that governs how long they will be admitted for under the L-1 classification).
The employer (not the employee...) has the option of filing another I-129 petition to request a further two years, and the beneficiary is allowed to remain in the United States for 240 days if this petition is still pending once their I-94 expires, although if they leave the United States then they cannot be re-admitted in L-1 classification with an expired petition.
L-1A allows for two extensions, whereas L-1B allows for one.
Given everything above, it's not clear why the employer has refused to file for an extension and instead wants the beneficiary to leave the United States without the ability to return, and wait for the 25-33% chance that they MIGHT get approved for an H-1B to return in October.
They can file for the L-1 extension AND file for an H-1B concurrently.
There will be an L-1 non-immigrant visa in the passport which will be valid for up to five years (this may differ, but mine and everyone else I know got five years).
A visa just allows someone to travel to the United States and request entry under a specific classification (in this instance L-1), and they would normally be admitted up to the expiration date of their I-129 petition.
The initial petition will be valid for three years, at which point the non-immigrant must leave the United States (the visa just allows them to request entry, it's the petition that governs how long they will be admitted for under the L-1 classification).
The employer (not the employee...) has the option of filing another I-129 petition to request a further two years, and the beneficiary is allowed to remain in the United States for 240 days if this petition is still pending once their I-94 expires, although if they leave the United States then they cannot be re-admitted in L-1 classification with an expired petition.
L-1A allows for two extensions, whereas L-1B allows for one.
Given everything above, it's not clear why the employer has refused to file for an extension and instead wants the beneficiary to leave the United States without the ability to return, and wait for the 25-33% chance that they MIGHT get approved for an H-1B to return in October.
They just want to renewal the L1 but were thrown and confused by the offer of going forward for the H1B
#19
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Re: H1B versus L1A
Now you file a simplified application online prior to March 20th, at which point USCIS will conduct the usual lottery.
It's only if an applicant is successful in the lottery that a full petition must be submitted, which is very different from how it's been conducted in previous years.
#20
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Re: H1B versus L1A
I think you're getting confused by the terminology.
There will be an L-1 non-immigrant visa in the passport which will be valid for up to five years (this may differ, but mine and everyone else I know got five years).
A visa just allows someone to travel to the United States and request entry under a specific classification (in this instance L-1), and they would normally be admitted up to the expiration date of their I-129 petition.
The initial petition will be valid for three years, at which point the non-immigrant must leave the United States (the visa just allows them to request entry, it's the petition that governs how long they will be admitted for under the L-1 classification).
The employer (not the employee...) has the option of filing another I-129 petition to request a further two years, and the beneficiary is allowed to remain in the United States for 240 days if this petition is still pending once their I-94 expires, although if they leave the United States then they cannot be re-admitted in L-1 classification with an expired petition.
L-1A allows for two extensions, whereas L-1B allows for one.
Given everything above, it's not clear why the employer has refused to file for an extension and instead wants the beneficiary to leave the United States without the ability to return, and wait for the 25-33% chance that they MIGHT get approved for an H-1B to return in October.
They can file for the L-1 extension AND file for an H-1B concurrently.
There will be an L-1 non-immigrant visa in the passport which will be valid for up to five years (this may differ, but mine and everyone else I know got five years).
A visa just allows someone to travel to the United States and request entry under a specific classification (in this instance L-1), and they would normally be admitted up to the expiration date of their I-129 petition.
The initial petition will be valid for three years, at which point the non-immigrant must leave the United States (the visa just allows them to request entry, it's the petition that governs how long they will be admitted for under the L-1 classification).
The employer (not the employee...) has the option of filing another I-129 petition to request a further two years, and the beneficiary is allowed to remain in the United States for 240 days if this petition is still pending once their I-94 expires, although if they leave the United States then they cannot be re-admitted in L-1 classification with an expired petition.
L-1A allows for two extensions, whereas L-1B allows for one.
Given everything above, it's not clear why the employer has refused to file for an extension and instead wants the beneficiary to leave the United States without the ability to return, and wait for the 25-33% chance that they MIGHT get approved for an H-1B to return in October.
They can file for the L-1 extension AND file for an H-1B concurrently.
#21
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Re: H1B versus L1A
I think you're getting confused by the terminology.
There will be an L-1 non-immigrant visa in the passport which will be valid for up to five years (this may differ, but mine and everyone else I know got five years).
A visa just allows someone to travel to the United States and request entry under a specific classification (in this instance L-1), and they would normally be admitted up to the expiration date of their I-129 petition.
The initial petition will be valid for three years, at which point the non-immigrant must leave the United States (the visa just allows them to request entry, it's the petition that governs how long they will be admitted for under the L-1 classification).
The employer (not the employee...) has the option of filing another I-129 petition to request a further two years, and the beneficiary is allowed to remain in the United States for 240 days if this petition is still pending once their I-94 expires, although if they leave the United States then they cannot be re-admitted in L-1 classification with an expired petition.
L-1A allows for two extensions, whereas L-1B allows for one.
Given everything above, it's not clear why the employer has refused to file for an extension and instead wants the beneficiary to leave the United States without the ability to return, and wait for the 25-33% chance that they MIGHT get approved for an H-1B to return in October.
They can file for the L-1 extension AND file for an H-1B concurrently.
There will be an L-1 non-immigrant visa in the passport which will be valid for up to five years (this may differ, but mine and everyone else I know got five years).
A visa just allows someone to travel to the United States and request entry under a specific classification (in this instance L-1), and they would normally be admitted up to the expiration date of their I-129 petition.
The initial petition will be valid for three years, at which point the non-immigrant must leave the United States (the visa just allows them to request entry, it's the petition that governs how long they will be admitted for under the L-1 classification).
The employer (not the employee...) has the option of filing another I-129 petition to request a further two years, and the beneficiary is allowed to remain in the United States for 240 days if this petition is still pending once their I-94 expires, although if they leave the United States then they cannot be re-admitted in L-1 classification with an expired petition.
L-1A allows for two extensions, whereas L-1B allows for one.
Given everything above, it's not clear why the employer has refused to file for an extension and instead wants the beneficiary to leave the United States without the ability to return, and wait for the 25-33% chance that they MIGHT get approved for an H-1B to return in October.
They can file for the L-1 extension AND file for an H-1B concurrently.
#22
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Re: H1B versus L1A
there was a concern about getting new driving licenses, ability to get car leases etc during that time
#23
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Re: H1B versus L1A
I was able to extend my driving license by 6 months I think, in GA. We were approved on the extension a month or two before the expiry date - so my wife had done this while the L2's were being processed, which did take a month or so longer. Interestingly, the latest Lease car we took paid no attention to my L1A expiry date! Think your friend needs to have a strong word with the company,this seems very odd, no idea why they would prefer H1B and I see no benefits for your friend in moving Visa type, especially as the L to Green Card is pretty straight forward in the grand scheme of things.
#24
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Re: H1B versus L1A
I was able to extend my driving license by 6 months I think, in GA. We were approved on the extension a month or two before the expiry date - so my wife had done this while the L2's were being processed, which did take a month or so longer. Interestingly, the latest Lease car we took paid no attention to my L1A expiry date! Think your friend needs to have a strong word with the company,this seems very odd, no idea why they would prefer H1B and I see no benefits for your friend in moving Visa type, especially as the L to Green Card is pretty straight forward in the grand scheme of things.
Friends company said they could do the applications in unison but friend is sticking with the L1 route by going back to the uk as they have a date booked.
Thank you everyone, as always incredibly helpful.
#25
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Re: H1B versus L1A
How is he "sticking with the L-1 route" by going back to the UK, when the employer can file the extension whilst in country?
Why are they refusing to do so, and what advantages are they claiming here in having the employee return to the UK?
Does the employer genuinely intend to continue employing him here in the US, because it sounds like they are going out of their way to make that as difficult and unlikely as possible when there is a form that they could be filling right now in order to keep him here...
#26
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Re: H1B versus L1A
This doesn't make sense.
How is he "sticking with the L-1 route" by going back to the UK, when the employer can file the extension whilst in country?
Why are they refusing to do so, and what advantages are they claiming here in having the employee return to the UK?
Does the employer genuinely intend to continue employing him here in the US, because it sounds like they are going out of their way to make that as difficult and unlikely as possible when there is a form that they could be filling right now in order to keep him here...
How is he "sticking with the L-1 route" by going back to the UK, when the employer can file the extension whilst in country?
Why are they refusing to do so, and what advantages are they claiming here in having the employee return to the UK?
Does the employer genuinely intend to continue employing him here in the US, because it sounds like they are going out of their way to make that as difficult and unlikely as possible when there is a form that they could be filling right now in order to keep him here...
#27
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Re: H1B versus L1A
Does the L-2 spouse work?
#28
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Re: H1B versus L1A
The employer is eligible to file once the beneficiary is six months from expiration, although I suppose I can see an advantage to being processed outside of the UK if you wanted to cut down the time before you could file for an L-2 EAD renewal.
Does the L-2 spouse work?
Does the L-2 spouse work?
No the dependent doesn’t work at the moment but isn’t comfortable with the uncertainty of going into the grace period as can’t get a straight answer on the license. I have to be honest after my experiences with them, l wouldn’t trust that you would necessarily get a new license very easily in those circumstances. When we moved over, l took the test and passed but they didn’t issue the license on that day (as they were closing in an hour 🙅♀️) so had to go back to collect it, handed over my 6 points of identification, and then was told that l needed the main visa holder with me to collect the license! Honestly l was now 7hrs in all together and loosing the will! Third time lucky went back with partner and they finally issued it! But l digress!
Thank you again everyone, l have passed on your thoughts, advise and knowledge and they are very grateful.