H1B versus L1A

Old Feb 27th 2020, 8:54 pm
  #16  
BE Enthusiast
Thread Starter
 
Joined: Mar 2017
Posts: 315
Ecto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond repute
Default Re: H1B versus L1A

Originally Posted by 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"?
yes that is what they mean. Apologies for the rabbit hole l took everyone down with the ‘emergency visa’ phrase.
Ecto17 is offline  
Old Feb 27th 2020, 9:01 pm
  #17  
BE Enthusiast
Thread Starter
 
Joined: Mar 2017
Posts: 315
Ecto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond repute
Default Re: H1B versus L1A

Originally Posted by Boiler
Apparently they do not want to file an extension, I have a feeling we are getting a distorted view.
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.
Ecto17 is offline  
Old Feb 27th 2020, 11:12 pm
  #18  
BE Enthusiast
 
Joined: Mar 2017
Location: Austin, TX
Posts: 455
TexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond repute
Default Re: H1B versus L1A

Originally Posted by Ecto17
Is an extension different from a renewal?
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 just want to renewal the L1 but were thrown and confused by the offer of going forward for the H1B
They can file for the L-1 extension AND file for an H-1B concurrently.
TexanScot is offline  
Old Feb 27th 2020, 11:16 pm
  #19  
BE Enthusiast
 
Joined: Mar 2017
Location: Austin, TX
Posts: 455
TexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond repute
Default Re: H1B versus L1A

Originally Posted by neill
H-1B is a very long process that requires submission of documentation in April, for a visa that is valid in October
It's all change this year.

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.
TexanScot is offline  
Old Feb 28th 2020, 12:17 am
  #20  
BE Enthusiast
Thread Starter
 
Joined: Mar 2017
Posts: 315
Ecto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond repute
Default Re: H1B versus L1A

Originally Posted by TexanScot
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.
The reason they are leaving the US to go back to the UK is because the dependents are no longer processed at the same time as the principal in the US and the lawyers were saying the processing times here were months which would mean that they would go into the grace period here and there was a concern about getting new driving licenses, ability to get car leases etc during that time.
Ecto17 is offline  
Old Feb 28th 2020, 12:19 am
  #21  
BE Enthusiast
Thread Starter
 
Joined: Mar 2017
Posts: 315
Ecto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond repute
Default Re: H1B versus L1A

Originally Posted by TexanScot
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.
And thank you, l was getting very confused by the terminology and that was very helpful.
Ecto17 is offline  
Old Feb 28th 2020, 2:54 am
  #22  
BE Enthusiast
 
Joined: Mar 2017
Location: Austin, TX
Posts: 455
TexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond repute
Default Re: H1B versus L1A

Originally Posted by Ecto17
The reason they are leaving the US to go back to the UK is because the dependents are no longer processed at the same time as the principal in the US and the lawyers were saying the processing times here were months
Right, but the employer can file once the beneficiary's I-94 is within six months of expiration.

there was a concern about getting new driving licenses, ability to get car leases etc during that time
I don't know what state they are in, but here in Texas you can extend a license past your I-94 expiration so long as you have the I-797C receipt notice from your I-129.
TexanScot is offline  
Old Feb 28th 2020, 12:46 pm
  #23  
BE Enthusiast
 
Joined: Feb 2017
Location: Newnan, GA
Posts: 802
robtuck has a reputation beyond reputerobtuck has a reputation beyond reputerobtuck has a reputation beyond reputerobtuck has a reputation beyond reputerobtuck has a reputation beyond reputerobtuck has a reputation beyond reputerobtuck has a reputation beyond reputerobtuck has a reputation beyond reputerobtuck has a reputation beyond reputerobtuck has a reputation beyond reputerobtuck has a reputation beyond repute
Default 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.
robtuck is offline  
Old Feb 28th 2020, 12:56 pm
  #24  
BE Enthusiast
Thread Starter
 
Joined: Mar 2017
Posts: 315
Ecto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond repute
Default Re: H1B versus L1A

Originally Posted by robtuck
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.
That was their thoughts as well. That is interesting info on the car leases, when we were looking before we came over, the dealerships we spoke to who had expat deals were really strict saying we could only have a lease as long as our visa, which l can totally understand from their point of view.
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.
Ecto17 is offline  
Old Feb 28th 2020, 1:13 pm
  #25  
BE Enthusiast
 
Joined: Mar 2017
Location: Austin, TX
Posts: 455
TexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond repute
Default Re: H1B versus L1A

Originally Posted by Ecto17
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.
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...
TexanScot is offline  
Old Feb 28th 2020, 1:31 pm
  #26  
BE Enthusiast
Thread Starter
 
Joined: Mar 2017
Posts: 315
Ecto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond repute
Default Re: H1B versus L1A

Originally Posted by TexanScot
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...
It does makes sense, the company aren’t being difficult and would file here if my friend wanted however there is limited time remaining on the visas and they do not want to go into the grace period as the processing times have changed. Previously the US would process the whole family at the same time, apparently that has recently changed and the principal visa holder is processed first and once that is completed you can begin the process for the dependents. It is estimated that the main applicant will take between 2-3 months and dependents are taking even longer. This could very well take them through their grace period so it was decided they would complete the process outside the US.
Ecto17 is offline  
Old Feb 28th 2020, 2:07 pm
  #27  
BE Enthusiast
 
Joined: Mar 2017
Location: Austin, TX
Posts: 455
TexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond reputeTexanScot has a reputation beyond repute
Default Re: H1B versus L1A

Originally Posted by Ecto17
IIt is estimated that the main applicant will take between 2-3 months and dependents are taking even longer. This could very well take them through their grace period so it was decided they would complete the process outside the US.
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?
TexanScot is offline  
Old Feb 28th 2020, 2:31 pm
  #28  
BE Enthusiast
Thread Starter
 
Joined: Mar 2017
Posts: 315
Ecto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond reputeEcto17 has a reputation beyond repute
Default Re: H1B versus L1A

Originally Posted by TexanScot
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?
That is exactly it.
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.
Ecto17 is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.