Legal Question in Immigration Law in Oregon

Re: H1 Transfer

I am not quite clear if you are interested in simply returning to company A on an L visa, or if you would rather start with a third company on an H after your return. Please contact my office to set a time to discuss your options. I will look forward to hearing from you.

Re: H1 Transfer

Your questions are not entirely clear. It appears, however, that you are currenty working for Company B pursuant to H-1B status (after initially working for Company A pursuant to L-1 status) and are now interested in returning to Company A in L-1 status.

1.) You may certainly change your status to that of L-1 while in the U.S. with the filing of a new petition by company A. If you depart the U.S. while that petition is pending, however, you will have abandoned your application for a change of status.

While abroad, you may apply for an H-1B visa (but by returning with an H-1B visa, you would then be authorized to resume employment only with company B).

2.) If your L-1 visa is still valid, then you may resume employment with Company A by returning with the L-1 visa.

3.) If you resume employment with Company A, you may thereafter change back to H-1B without being subject to the H-1B cap (so long as you have not exhausted the maximum period of stay in H/L status).

Given the complexity of the issues involved, I strongly recommend that you contact our office for a consultation. You may also visit our website at wwww.meyner.com.

Regards

Scott R. Malyk

Re: H1 Transfer

1. If you want to go back to company A on H1, you need to have company A file your H1 and then apply for visa in India.

2. If you want to go back to company A on L1, then you use the unexpired L1 visa to enter US. Or, if the L1 visa is already expired, you can use the approved L1 petition notice (with other supporting documents) to apply for L1 visa again and enter US.

3. If you enter US with L1, you can change to H1 status in the US.

Premium processing takes 15 days for government to process the case. The cost differs depends on which company sponsors you. If you want detailed consultation, please contact my office for an appointment.