On L-1B - Company Telling Me To Switch H-1B
Dec 24th 2017 | 2:15 pm
#16
BE Enthusiast
Joined: Jul 2013
Posts: 418
Re: On L-1B - Company Telling Me To Switch H-1B
Thanks for all of the replies so far. Addressing each in turn below. Having spoken to Fragomen, I actually have a fewer concerns regarding this now.
- My L1B is valid until 2022. My company is advising me to apply to H1B lotteries as it would mean I am valid to work in the US for longer, in the unlikelihood that I need additional time to secure my GC. The L1B will not be 'given up' until the H1B is obtained (if I succeed in the lottery), so there is no worry of me being without a visa.
- As somebody mentioned, they are doing this to hedge their bets. L1B cannot be extended past 5 years. H1B has a 6 year span and can be extended if a GC process has been started (which is not the case for an L1B).
- I agree that my GC timeline may be optimistic. 2-3 years may be more realistic, but I will be hoping to apply via premium processing, which should shave some months off.
- GC timelines are the same for L1B and H1B visa holders; this not being the case was my main worry.
- Yes, GC applications timelines are affected by nationality. Certain nationalities (for e.g. Indians) face a tremendous backlog for application, as per the visa bulletin.
- The main advantage of the H1B is that it would allow me to apply for other jobs in the US (as a H1B is transferrable), whilst an L1B is company specific. The disadvantage is that it would not allow me to sponsor a spouse for a working visa. I am single, however, and this is not a concern.
- Given the anti-immigration rhetoric and changes implemented by the new administration, I can understand why my company is hedging its bets.
Is there anything else that people think I need to consider? I need to provide my confirmation to apply by the first week of January.
- My L1B is valid until 2022. My company is advising me to apply to H1B lotteries as it would mean I am valid to work in the US for longer, in the unlikelihood that I need additional time to secure my GC. The L1B will not be 'given up' until the H1B is obtained (if I succeed in the lottery), so there is no worry of me being without a visa.
- As somebody mentioned, they are doing this to hedge their bets. L1B cannot be extended past 5 years. H1B has a 6 year span and can be extended if a GC process has been started (which is not the case for an L1B).
- I agree that my GC timeline may be optimistic. 2-3 years may be more realistic, but I will be hoping to apply via premium processing, which should shave some months off.
- GC timelines are the same for L1B and H1B visa holders; this not being the case was my main worry.
- Yes, GC applications timelines are affected by nationality. Certain nationalities (for e.g. Indians) face a tremendous backlog for application, as per the visa bulletin.
- The main advantage of the H1B is that it would allow me to apply for other jobs in the US (as a H1B is transferrable), whilst an L1B is company specific. The disadvantage is that it would not allow me to sponsor a spouse for a working visa. I am single, however, and this is not a concern.
- Given the anti-immigration rhetoric and changes implemented by the new administration, I can understand why my company is hedging its bets.
Is there anything else that people think I need to consider? I need to provide my confirmation to apply by the first week of January.
AFAIK H1B has to be renewed at 3 years.
Also, H1B visas are a specific target of our glorious leader. I can't say I've heard the orange one talk about L1Bs.
AFAIK H1Bs are tied to your job. In my experience, if you lose your job you have 10 days to leave the country. One unscrupulous Scripps professor used to threaten postdocs with this fact to make them work harder, might be different for H1Bs from the lottery.
