tariqbutt

I have been working in the UK subsidiary of my US employer for almost 2 years. The head of my team wants to move me to the US HQ and is currently in talks with HR about acquiring a visa for me.
I understand company policy historically has been to apply for the H1B first and then if that fails they go for the L1. (The reason for this is cause head of HR is on a H1B herself and considers it a better visa for the employee)

I want to make sure to keep the pressure on HR and we dont miss any application cut offs in the new year. As such I have a few questions:

1. For applications for the H1B in 2021, when should my HR be starting to prepare the application? How long does it take (and when would it be a case that it would be too late to start preparing)?
2. I realise there are a lot of complications for both the H1B and the L1 due to the visa ban and new rules etc. Can anyone briefly summarise what I should be aware of around that? Am I right in saying the ban is scheduled to be lifted by the next application time in 2021 anyway?

Thanks

tht

Unless you work for an exempt employer you won’t be submitting an H1B application, your employer will submit an H1B “lottery” entry in March 2021, and if selected they then submit the application, and then if that’s approved assuming things change in terms of travel restrictions you could come around October 2021.

I think you have it mixed up... possibly the H1B is a better visa for the employer in the sense that they can extend it longer than an L1b and this lets them keep you in the US longer without a green card, making it harder for you to change employers...

COVID 19 aside if they wanted you over here sooner the L would be a much quicker process if you are eligible for it.

I would read up on the visa types directly here:

https://www.uscis.gov/working-in-the...igrant-workers

tariqbutt

Thank you for the response.
You mention that the L1 is a quicker process. Can you elaborate on how long the process is likely to take for each visa (ballpark?) If the L1 is much quicker perhaps I should put pressure on my manager to go for that one.

Actually the reason she gave is cause she felt on the L1 I would be tied to the employer while on a H1B I could change employer. She said this was was a better quality of life for the employee (as she had arrived herself in the US on a H1B).
She might be wrong though? Do you think it would be better if I pushed for an L1?

No I did not mix it up: I was referring to the lottery in March 2021. My question was referring to when HR should be starting to prepare the application for this lottery? I dont want them to mess it up and miss the date. Does it take long to prepare such an application for the lottery?

christmasoompa

Agree with the above, the L1 would be far better for you, if possible - although it may not be as good for the employer! If you were on a H1-B that would still be tied to your employer, so not sure where she's got that from, and if you go for a H1-B then the earliest you'll be able to start work is next October, and that's only if you're lucky in the lottery (something like only a 25% chance IIRC). If you have a spouse, they also couldn't work if you were on a H1-B, unlike a L1. And I believe it's easier to go from a L1 to a green card too.

We've been told approx 3 months for the L1 (moving over next year potentially), they're on the 'banned' list at the moment but there are various exemptions depending on the industry you work in, and the ban is due to end 31st Dec.

If your employer is happy to go down any visa route for you, you might also want to ask about going direct to a green card, if you qualify. We're contemplating that too.

Good luck.

tariqbutt

From starting the application process to moving over would that be 3 months? Or longer? Timelines are a concern of my new manager in the US.
Does anyone have any recent experience of L1 timelines? Would 3 months be realistic?

tht

with the new “lottery” process it’s a very short process. They basically enter biographical information, and if you are selected they do the real application later, it’s only a lottery to submit an application.

You are right that the H1b has “portability” which the L1 does not, strange HR would “sell” that as a feature. It also really depends on your role and if you would be an L1a or L1b. And even then it really depends if your employer has plans to go for your GC and how quickly they want you over here.

I was about 18 months from the employer submitting an L1a to being on a GC in the US.

To know which is better really depends on many details like:

Do you want to stay longer term?
Are you married?(google H4)
Are you British or are you a citizen from somewhere else?
what is your highest level of education?
how many years relevant work experience do you have?
is your role specialized?
do you manage a team or budget?
does your employer have a history of sponsoring GC’s?

tariqbutt

It would be an L1B for me
I am a data scientist with specialist knowledge of my companies intellectual property as well as the algorithms they use.

Are you married?(google H4)
- No
Are you British or are you a citizen from somewhere else?
- Irish
what is your highest level of education?
- Masters
how many years relevant work experience do you have?
- 2 in my current company, 4 altogether with this job title including other companies, and 10 altogether although in a related role with a different job title.
is your role specialized?
- Yes
do you manage a team or budget?
- no
does your employer have a history of sponsoring GC’s?
- Good question. They have sent lots of people over to the US but Im not sure about GCs. I need to ask that.

tariqbutt

How quickly from HR submitting an application would you estimate I could be working in the US on an L1B?

tht

COVID-19 aside... also depends on if your employer had a blanket petition?

With premium processing it can be as quick as weeks, but it also depends, once the I-129 is approved you also need to get an interview at an embassy.

postbox134

It took me from April 2019 to August 2019 to go from offer in the US to landing here with a blanket L1-B petition, so it can be really quite quick (a lot of that was internal HR/management delays anyway and packing).

My company's approach that HR/immigration lawyers recommend is send someone over on L1 so they can start quickly, then sponsor for the next available H1-B round and keep trying until successful. As you say the H1-B is better as it last longer and can be renewed during the Green Card process. They then sponsor Green Cards after 2 years in the US assuming your manager signs off on the cost. In this way it's the best of both worlds as you are very likely to either be in GC status or H1-B status by then end of your L1-B 5 years (with renewal).

tht

So that sounds more like an L1b, so then there may be merits in an H1b. I suggest you do some reading on the different types of work related GC’s as well:
https://www.uscis.gov/green-card/gre...sed-immigrants

tariqbutt

Any idea how long it would take if they dont have a blanket L1-B petition?

(I dont know if they have, Ill have to check this. I assume only HR can tell me that?)

tht

All this is mute with COVID-19, but a lot depends on if the company has all the paperwork ready on the company side. A blanket mean they don’t have to submit a lot of it, but if they have done someone else’s visa recently they may have the company related info ready to send anyway. Similar for the stuff related to you, if they have done a similar application they may have a lot of it ready to be adapted vs having to draft all the supporting documents from scratch... assuming your employer uses a lawyer it also depress on how responsive / quick they are.

scrubbedexpat099

They could file for a Green Card now whilst you consider any short term work visa's.

tht

CV19 aside they could also only file for a GC only and not do a visa... but I have never seen an example of a firm doing that....