tariqbutt

I wanted to get some opinions on the L1B vs the H1B.
For context my employer is seeking both visas for me and I have already won the H1B lottery component and my application was filed in June.
They are currently simultaneously seeking Blanket L1 approval (for the company) and they said they will also apply for that visa for me.
They want to send me over on the one that comes quickest.

In terms of advantages of each, broadly in my mind its
H1B
- Have the ability to move jobs.

L1B
- Spouse can work.

Both have broadly the same Green Card process requirements (unlike the L1A which is slightly easier I believe)
Both have different, but similar max term lengths (L1B is max 5 years, H1B is max 6 years)

Are there any other considerations I should take into account? Assuming the spouse question is not an issue, would others here suggest I push to go with the H1B for the flexibility in the future of moving jobs?

Im also thinking that maybe securing the L1B under the Blanket L1 might be easier/quicker for the company despite the fact the the H1B is already in motion?

civilservant

While that's true, the new employer would still have to do the legwork of a new application/transfer petition and spend the $$$. I don't think this should factor into your decision. WIth no spouse involved they are probably pretty even, but if there is a spouse the L1B wins.

SanDiegogirl

My understanding is:

- you can't just move jobs to a new employer. Your H-1B is issued based on the employer who applies for it. Change jobs and new employer applies for the visa.
- presume you have all the necessary educational criteria for H--1B . L-1B does not require this criteria in most cases.
- When renewing and/or going for Green card, under the H-1B the job has to meet Department of Labour criteria and processes. While I have knows L1 acquaintances to get their Green Cards pretty swiftly, I have know others on H-1B's to take years to do so.
- correct, spouse on H-1B cannot work.

destone

If somehow you qualify for L-1A, that would be the real game changer. I spent 1.5 years only on L-1A and then my GC came through.

tariqbutt

Two additional questions:

1. There appears to be some instances where the H-4 spouse of a H1B _can_ work? Is that very rare/difficult? I dont see it mentioned much on these forums
https://www.novacredit.com/resources/h4-ead/

2. Salary: Im conscious that on the L1-B there is no salary requirement but on the H1-B there is. Does this requirement sometimes mean that H1B holders can command higher salaries after they move?

Employers must pay H1B workers either:

• the 'prevailing wage', which means the average wage of similarly skilled workers in the same role or
  
• the same wage the employer pays to similarly skilled workers, if higher
  

tht

If an L is an option it sounds like you already work at a group company , so you should know your current salary. You should would normally negotiated your compensation and moving package before agreeing to a move.

The prevailing wage does not always mean it’s a good wage, especially if your moving to a high cost area.

tariqbutt

This has not been negotiated beyond the assumption that I will be paid my current salary. I was wondering if the requirement would "force" an adjustment.

tht

only you and you employer would know that, we don’t know what type of role you work in the DOL site: https://www.dol.gov/agencies/eta/foreign-labor/wages/prevailing-wage

links to this site:
https://www.flcdatacenter.com/

If you look i look up the classifications for you job and use them here you should be able to look up the prevailing wage:
https://www.flcdatacenter.com/OesQuick.aspx

If that’s to difficult look up your own or a similar employer on here: https://h1bdata.info/index.php?em=Go...ity=&year=2020

The ones I have seen for visas I have filed for were significantly less than the market rate we paid our hires…

TexanScot

Depending on where you're moving to, continuing to be paid your current salary could be a spectacularly bad deal for you.

SanDiegogirl

There was a bill going through Congress some time ago, which attempted to allow H4 spouses to be able to work when a Green card application had been made for the principal visa holder (the H-1B holder). Not sure what happened to that - but your wife would certainly not be able to work until such time as that Green Card application was made.

No, it does not mean that H-1B holders can command bigger salaries. It means that H-1B holders must comply with Department of Labor with regard minimum salaries offered for the particular job. L visa holders do not come under this process.

tariqbutt

My current employer and my job title has two listings at the above link. The two differ by 65k. One is NY one is CA.
Im guessing there is significant experience gap between the two examples.

What should I do with that information? Should I be using one or both as a benchmark?

tht

It could be a cost of living difference, I believe LCA / PW is be region.

You should be looking what roles with your skill set in the area you will move to pay and negotiate for that.. the PW rates etc are based on rates manipulated by “body shops” so they can use Indians as cheap labor…

SanDiegogirl

What's LCA and PW ?

SanDiegogirl

So your current employer is Google?

tht

Assume your not filing many visa applications..

LCA

Labor Condition Application

https://flag.dol.gov/programs/LCA

PW
Prevailing Wage(s)
https://www.dol.gov/agencies/eta/for...revailing-wage