Nathan_1972

Hi,
I am currently on L1A first issued in Dec 2001 and has been extended 2
timess and valid till end of 2006.

My friend is offering me a job now and is ready to apply for H1B
through his company. I need advise on the following:(please bear with
me as some of the questions might be rudimentary as I am totally
ignorant on the visa processing/rules eventhough I have lived in the US
for more than 3 years).

1. First of all, is it legal to apply for H1B for a company X when I am
working for a company Y on L1A.(I cannot reveal this to my current
employer as I have aggrements to go back to work back home and not to
apply for Visa/immigration when I am in US).

2. Another worry I have is on the documentation and reference to my
current employer while filing for H1B-
a.Does USCIS check with my current employer when the H1B is applied by
the new employer.
b. Does any of the application documentation would refer to my current
employer and my current Visa documents?

3. I have Master's degree in engineering and I have around 10 years of
IT experience after my graduation. I read in the forum that the
qualification and the job must match? Is this true? Do I have to
produce any work experience docs/pay stubs etc for filing H1B application-
I won't be able to get the most recent work experience letter from my
current employer though I have hike,promotion and other letters on
company letter head,pay stub. Is this ok?

4. I have been in US on B1 once and L1 A all other times and I have
been on and off since early 2001. Is it really advisable to go for
H1B now as I would have only two years with the assumption I can
start in Jan 2006.

5. If H1B gets approved (with the hope I do not have to tell anything
about my current employer and USCIS does not bother my current L1
VISA and employer), I would like to go back to India and complete my
commitments. It might take may be 4-6 months (though I am not sure
whether the new company would really wait that long!!). After this,
when I apply for Visa in India would there be any issues to get
stamping on H1B (as there would be delay on visa appyling date say by
6 months from October'05)when my L1 would still be valid.

6. Also, please share if there are any other facts/rules I should be
aware of for this L1A - H1B scenario.

7. Is there a website/link detailing the list of docs. to be submitted
for H1B application.

8. Also, would there be any issues if a immigration (let's say canada)
application is pending when H1B is being process?

I understand I have asked too many questions with lots of contraints. I
wanted to get expert advise before I decide to proceed on this. All your
inputs will be of great help. Thanks very much in advance.

Thanks

Ingo Pakleppa

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Hash: SHA1

nathan_1972 wrote:
    | Hi,
    | I am currently on L1A first issued in Dec 2001 and has been extended 2
    | timess and valid till end of 2006.
    |
    | My friend is offering me a job now and is ready to apply for H1B
    | through his company. I need advise on the following:(please bear with
    | me as some of the questions might be rudimentary as I am totally
    | ignorant on the visa processing/rules eventhough I have lived in the US
    | for more than 3 years).
    |
    | 1. First of all, is it legal to apply for H1B for a company X when I am
    | working for a company Y on L1A.(I cannot reveal this to my current
    | employer as I have aggrements to go back to work back home and not to
    | apply for Visa/immigration when I am in US).

~From an immigration law standpoint, no problem. I can't tell you
anything about contractual restrictions, of course.

    | 2. Another worry I have is on the documentation and reference to my
    | current employer while filing for H1B-
    | a.Does USCIS check with my current employer when the H1B is applied by
    | the new employer.

No. They do verify that you are employed there, but they do that by
having you submit pay stubs.

    | b. Does any of the application documentation would refer to my current
    | employer and my current Visa documents?

Yes, the forms ask about your immigration history and current status,
and you also need to include pay stubs from the old job. Note that none
of that will inform the old employer. But the new employer would likely
see this piece of information.

    | 3. I have Master's degree in engineering and I have around 10 years of
    | IT experience after my graduation. I read in the forum that the
    | qualification and the job must match? Is this true?

Yes, it's true. With your qualification, you would likely not be
accepted for a position as social worker or as nurse. But you would be
qualified for many technical types of job.

Note that for H-1B sponsorship, it matters what the job requires, not
what you actually have. For instance, if the job requires that you had
two years of computer technician school, then your Master's wouldn't
help you.

    | Do I have to
    | produce any work experience docs/pay stubs etc for filing H1B
application-
    | I won't be able to get the most recent work experience letter from my
    | current employer though I have hike,promotion and other letters on
    | company letter head,pay stub. Is this ok?

Likely should be fine. Of course, only an attorney can give you a
competent answer.

    | 4. I have been in US on B1 once and L1 A all other times and I have
    | been on and off since early 2001. Is it really advisable to go for
    | H1B now as I would have only two years with the assumption I can
    | start in Jan 2006.

That indeed is a problem. He should also start filing the Green Card
paperwork right away (no need to wait for your H-1B). That will put you
earlier in the line, plus it will allow you to extend the H-1B beyond
the usual six year limit.

    | 5. If H1B gets approved (with the hope I do not have to tell anything
    | about my current employer and USCIS does not bother my current L1
    | VISA and employer), I would like to go back to India and complete my
    | commitments. It might take may be 4-6 months (though I am not sure
    | whether the new company would really wait that long!!). After this,
    | when I apply for Visa in India would there be any issues to get
    | stamping on H1B (as there would be delay on visa appyling date say by
    | 6 months from October'05)when my L1 would still be valid.

I don't see any problem here.

    | 6. Also, please share if there are any other facts/rules I should be
    | aware of for this L1A - H1B scenario.

Keep in mind the quota. Right now, it would be impossible to apply for
an H-1B. The earliest the employer could (probably) file for you is
April 1, requesting a start date of October 1.

Also keep in mind that applying for the visa stamp in India can
potentially take many months, although it is usually pretty quick. So my
suggested strategy would be to apply for the H-1B on April 1 with a
start date of October 1. Remain on L-1A until October 1. Then go to
India, immediately apply at the US consulate for an H-1B visa, and then
fulfill your commitment. That way, if there is a delay in issuing the
visa, it won't hurt you because you'd be in India anyway.

    | 7. Is there a website/link detailing the list of docs. to be submitted
    | for H1B application.

I have some information on my Web site at http://www.kkeane.com

    | 8. Also, would there be any issues if a immigration (let's say canada)
    | application is pending when H1B is being process?

No problem. Of course, if you actually leave the US while the H-1B is
pending, there could be issues.

    | I understand I have asked too many questions with lots of contraints. I
    | wanted to get expert advise before I decide to proceed on this.

If you really want expert advice, my recommendation is to hire a
competent attorney for a consultation. While I assure you that most
responders here will give you reasonable advice based on their best
knowledge, you have no way of knowing even who anybody here really is.
Plus, most posters here, including myself, are amateurs.

    | All your inputs will be of great help. Thanks very much in advance.


- --
Remember, I am strictly a layperson without any legal training. I
encourage everybody to seek competent legal counsel rather than
relying on usenet newsgroups.

Please visit my new FAQ at http://www.kkeane.com (always under
construction)

My email address in usenet posts is now invalid for Spam protection.
See my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
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Nathan_1972

    > -----BEGIN PGP SIGNED MESSAGE-----
    > Hash: SHA1
    > nathan_1972 wrote:
    > | Hi,
    > | I am currently on L1A first issued in Dec 2001 and has been extended
    > | 2
    > | timess and valid till end of 2006.
    > |
    > | My friend is offering me a job now and is ready to apply for H1B
    > | through his company. I need advise on the following:(please bear
    > | with
    > | me as some of the questions might be rudimentary as I am totally
    > | ignorant on the visa processing/rules eventhough I have lived in the
    > | US
    > | for more than 3 years).
    > |
    > | 1. First of all, is it legal to apply for H1B for a company X when I
    > | am
    > | working for a company Y on L1A.(I cannot reveal this to my
    > | current
    > | employer as I have aggrements to go back to work back home and
    > | not to
    > | apply for Visa/immigration when I am in US).
    > ~From an immigration law standpoint, no problem. I can't tell you
    > anything about contractual restrictions, of course.
    > | 2. Another worry I have is on the documentation and reference to my
    > | current employer while filing for H1B-
    > | a.Does USCIS check with my current employer when the H1B is applied
    > | by
    > | the new employer.
    > No. They do verify that you are employed there, but they do that by
    > having you submit pay stubs.
    > | b. Does any of the application documentation would refer to my
    > | current
    > | employer and my current Visa documents?
    > Yes, the forms ask about your immigration history and current status,
    > and you also need to include pay stubs from the old job. Note that
    > none
    > of that will inform the old employer. But the new employer would
    > likely
    > see this piece of information.
    > | 3. I have Master's degree in engineering and I have around 10 years
    > | of
    > | IT experience after my graduation. I read in the forum that the
    > | qualification and the job must match? Is this true?
    > Yes, it's true. With your qualification, you would likely not be
    > accepted for a position as social worker or as nurse. But you would be
    > qualified for many technical types of job.
    > Note that for H-1B sponsorship, it matters what the job requires, not
    > what you actually have. For instance, if the job requires that you had
    > two years of computer technician school, then your Master's wouldn't
    > help you.
    > | Do I have to
    > | produce any work experience docs/pay stubs etc for filing H1B
    > application-
    > | I won't be able to get the most recent work experience letter
    > | from my
    > | current employer though I have hike,promotion and other letters
    > | on
    > | company letter head,pay stub. Is this ok?
    > Likely should be fine. Of course, only an attorney can give you a
    > competent answer.
    > | 4. I have been in US on B1 once and L1 A all other times and I have
    > | been on and off since early 2001. Is it really advisable to go
    > | for
    > | H1B now as I would have only two years with the assumption I can
    > | start in Jan 2006.
    > That indeed is a problem. He should also start filing the Green Card
    > paperwork right away (no need to wait for your H-1B). That will put
    > you
    > earlier in the line, plus it will allow you to extend the H-1B beyond
    > the usual six year limit.
    > | 5. If H1B gets approved (with the hope I do not have to tell
    > | anything
    > | about my current employer and USCIS does not bother my current L1
    > | VISA and employer), I would like to go back to India and complete
    > | my
    > | commitments. It might take may be 4-6 months (though I am not
    > | sure
    > | whether the new company would really wait that long!!). After
    > | this,
    > | when I apply for Visa in India would there be any issues to get
    > | stamping on H1B (as there would be delay on visa appyling date
    > | say by
    > | 6 months from October'05)when my L1 would still be valid.
    > I don't see any problem here.
    > | 6. Also, please share if there are any other facts/rules I should be
    > | aware of for this L1A - H1B scenario.
    > Keep in mind the quota. Right now, it would be impossible to apply for
    > an H-1B. The earliest the employer could (probably) file for you is
    > April 1, requesting a start date of October 1.
    > Also keep in mind that applying for the visa stamp in India can
    > potentially take many months, although it is usually pretty quick. So
    > my
    > suggested strategy would be to apply for the H-1B on April 1 with a
    > start date of October 1. Remain on L-1A until October 1. Then go to
    > India, immediately apply at the US consulate for an H-1B visa, and
    > then
    > fulfill your commitment. That way, if there is a delay in issuing the
    > visa, it won't hurt you because you'd be in India anyway.
    > | 7. Is there a website/link detailing the list of docs. to be
    > | submitted
    > | for H1B application.
    > I have some information on my Web site at http://www.kkeane.com
    > | 8. Also, would there be any issues if a immigration (let's say
    > | canada)
    > | application is pending when H1B is being process?
    > No problem. Of course, if you actually leave the US while the H-1B is
    > pending, there could be issues.
    > | I understand I have asked too many questions with lots of
    > | contraints. I
    > | wanted to get expert advise before I decide to proceed on this.
    > If you really want expert advice, my recommendation is to hire a
    > competent attorney for a consultation. While I assure you that most
    > responders here will give you reasonable advice based on their best
    > knowledge, you have no way of knowing even who anybody here really is.
    > Plus, most posters here, including myself, are amateurs.
    > | All your inputs will be of great help. Thanks very much in advance.
    > - --
    > Remember, I am strictly a layperson without any legal training. I
    > encourage everybody to seek competent legal counsel rather than
    > relying on usenet newsgroups.
    > Please visit my new FAQ at http://www.kkeane.com (always under
    > construction)
    > My email address in usenet posts is now invalid for Spam protection.
    > See my Web site for information on how to contact me.
    > Please feel free to enjoy some of my photographs at my Web site
    > http://www.ingopakleppa.com ! Comments are welcome.
    > -----BEGIN PGP SIGNATURE-----
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    > Comment: Using GnuPG with Thunderbird - http://enigmail.mozdev.org
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    > -----END PGP SIGNATURE-----

Hi Ingo Pakleppa,

Thanks very very much for all the help. Your input has been very
informative.

On the GC, my employer(L1A) does not apply for GC and I am told GC needs
to be applied by the employer and not by the individual.

Thanks once again.

Ingo Pakleppa

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

nathan_1972 wrote:

    | Hi Ingo Pakleppa,

    | Thanks very very much for all the help. Your input has been very
    | informative.

    | On the GC, my employer(L1A) does not apply for GC and I am told GC needs
    | to be applied by the employer and not by the individual.

Yes, that's (normally) correct. But the new employer, the one who would
potentially sponsor the H-1B, can also sponsor you for a Green Card.

Come to think about it, it is even better for you. Since you are an
L-1A, you most likely meet the requirements for an EB-1
manager/executive Green Card. That means that you can skip the Labor
Certification (assuming the new job is also a management job). In turn,
this means that the new employer can skip the H-1B step. You should be
able to file form I-140 and I-485 right away through that employer.
Together with the I-485, you can apply for employment authorization and
use that to work for the new employer. It may take two months or so to get.

This will save you both tremendous hassle and the employer a chunk of money.


- --
Remember, I am strictly a layperson without any legal training. I
encourage everybody to seek competent legal counsel rather than
relying on usenet newsgroups.

Please visit my new FAQ at http://www.kkeane.com (always under
construction)

My email address in usenet posts is now invalid for Spam protection.
See my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
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Comment: Using GnuPG with Thunderbird - http://enigmail.mozdev.org

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Nathan_1972

    > -----BEGIN PGP SIGNED MESSAGE-----
    > Hash: SHA1
    > nathan_1972 wrote:
    > | Hi Ingo Pakleppa,
    > | Thanks very very much for all the help. Your input has been very
    > | informative.
    > | On the GC, my employer(L1A) does not apply for GC and I am told GC
    > | needs
    > | to be applied by the employer and not by the individual.
    > Yes, that's (normally) correct. But the new employer, the one who
    > would
    > potentially sponsor the H-1B, can also sponsor you for a Green Card.
    > Come to think about it, it is even better for you. Since you are
    > an
    > L-1A, you most likely meet the requirements for an EB-1
    > manager/executive Green Card. That means that you can skip the
    > Labor
    > Certification (assuming the new job is also a management job). In
    > turn,
    > this means that the new employer can skip the H-1B step. You
    > should be
    > able to file form I-140 and I-485 right away through that
    > employer.
    > Together with the I-485, you can apply for employment
    > authorization and
    > use that to work for the new employer. It may take two months or
    > so to get.
    > This will save you both tremendous hassle and the employer a chunk
    > of money.
    > - --
    > Remember, I am strictly a layperson without any legal training. I
    > encourage everybody to seek competent legal counsel rather than
    > relying on usenet newsgroups.
    > Please visit my new FAQ at http://www.kkeane.com (always under
    > construction)
    > My email address in usenet posts is now invalid for Spam protection.
    > See my Web site for information on how to contact me.
    > Please feel free to enjoy some of my photographs at my Web site
    > http://www.ingopakleppa.com ! Comments are welcome.
    > -----BEGIN PGP SIGNATURE-----
    > Version: GnuPG v1.4.0 (MingW32)
    > Comment: Using GnuPG with Thunderbird - http://enigmail.mozdev.org
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    > =AHiF
    > -----END PGP SIGNATURE-----

Hi Ingo Pakleppa,
Thanks very much for all your inputs. I fully understand that I need to
validate all my queries with an attorney. However, I wanted to check
with you on your input on new employer applying for GC instead of H1B.

I was wondering how would this be possible as I am on L1A for company A
and which does not sponsor for GC. Is it really possible for the new
employer (let's say employer "B" who is willing to apply for H1B) to
apply for GC- I-140 and I-485 on my L1A from my current employer.

Does USCIS really accept this? I thought L1A is intracompany transfer
and if so, isn't the VISA applicable only to my Current employer. Is my
interpretation wrong?
Also, even if the new employer is ready to apply for GC- I-140 and I-485
and USCIS does allow this, during this processing if my current employer
knows about all this - let's say a query or confirmation from USCIS, I
would loose the job and may be asked to leave the country.

Could you please elaborate on your point on GC application by the
new employer.

I am kind of paranoid and want to leave my current employer gracefully
(as it might help me to get work expr. letter and formal relieving
letter which might be necessary if want to apply for GC or immigration
at a later point in time) still wanting to find other options. That's
why I am asking too many questions. Hope I am not going too far with all
my questions. Thanks very much for your time and all your help.

Thanks

Jonathan McNeil Wong

nathan_1972 wrote:
    >>-----BEGIN PGP SIGNED MESSAGE-----
    >>Hash: SHA1
    >>nathan_1972 wrote:
    >>| Hi Ingo Pakleppa,
    >>| Thanks very very much for all the help. Your input has been very
    >>| informative.
    >>| On the GC, my employer(L1A) does not apply for GC and I am told GC
    >>| needs
    >>| to be applied by the employer and not by the individual.
    >>Yes, that's (normally) correct. But the new employer, the one who
    >>would
    >>potentially sponsor the H-1B, can also sponsor you for a Green Card.
    >>Come to think about it, it is even better for you. Since you are
    >>an
    >>L-1A, you most likely meet the requirements for an EB-1
    >>manager/executive Green Card. That means that you can skip the
    >>Labor
    >>Certification (assuming the new job is also a management job). In
    >>turn,
    >>this means that the new employer can skip the H-1B step. You
    >>should be
    >>able to file form I-140 and I-485 right away through that
    >>employer.
    >>Together with the I-485, you can apply for employment
    >>authorization and
    >>use that to work for the new employer. It may take two months or
    >>so to get.
    >>This will save you both tremendous hassle and the employer a chunk
    >>of money.
    >>- --
    >>Remember, I am strictly a layperson without any legal training. I
    >>encourage everybody to seek competent legal counsel rather than
    >>relying on usenet newsgroups.
    >>Please visit my new FAQ at http://www.kkeane.com (always under
    >>construction)
    >>My email address in usenet posts is now invalid for Spam protection.
    >>See my Web site for information on how to contact me.
    >>Please feel free to enjoy some of my photographs at my Web site
    >>http://www.ingopakleppa.com ! Comments are welcome.
    >>-----BEGIN PGP SIGNATURE-----
    >>Version: GnuPG v1.4.0 (MingW32)
    >>Comment: Using GnuPG with Thunderbird - http://enigmail.mozdev.org
    >>iD8DBQFCOp0HyUlVTFdHXskRAiRuAJ9XVVuIimw+dj2nvo8y 85gGEYWPuQCbBRvB
    >>vDYVdyZ2gaH+5bLDhshYIhk=
    >>=AHiF
    >>-----END PGP SIGNATURE-----
    >
    >
    > Hi Ingo Pakleppa,
    > Thanks very much for all your inputs. I fully understand that I need to
    > validate all my queries with an attorney. However, I wanted to check
    > with you on your input on new employer applying for GC instead of H1B.
    >
    > I was wondering how would this be possible as I am on L1A for company A
    > and which does not sponsor for GC. Is it really possible for the new
    > employer (let's say employer "B" who is willing to apply for H1B) to
    > apply for GC- I-140 and I-485 on my L1A from my current employer.
    >
    > Does USCIS really accept this? I thought L1A is intracompany transfer
    > and if so, isn't the VISA applicable only to my Current employer. Is my
    > interpretation wrong?
    > Also, even if the new employer is ready to apply for GC- I-140 and I-485
    > and USCIS does allow this, during this processing if my current employer
    > knows about all this - let's say a query or confirmation from USCIS, I
    > would loose the job and may be asked to leave the country.
    >
    > Could you please elaborate on your point on GC application by the
    > new employer.
    >
    > I am kind of paranoid and want to leave my current employer gracefully
    > (as it might help me to get work expr. letter and formal relieving
    > letter which might be necessary if want to apply for GC or immigration
    > at a later point in time) still wanting to find other options. That's
    > why I am asking too many questions. Hope I am not going too far with all
    > my questions. Thanks very much for your time and all your help.
    >
    > Thanks
    >

No, your impression is correct. The EB-1 GC would have to be petitioned
for by your current employer (the one for whom you have qualified in
L-1A status). But the "new" employer could file a labor certification
application for you once the PERM regulations come into effect on March
28. This procedure would require a labor market test, so you should
consider whether your position is in short supply now or whether you
would get U.S. applicants.

Another strategy: the new employer files a "slow track" traditional
labor certification -- must be on file before March 28 -- then you wait
the time out until the market is right. Advantage: if the slow track
labor cert is still pending next year, as it is likely to be, you avoid
capping out in H-1B status for as long as it is pending.

Ingo Pakleppa

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

nathan_1972 wrote:

    | Hi Ingo Pakleppa,
    | Thanks very much for all your inputs. I fully understand that I need to
    | validate all my queries with an attorney. However, I wanted to check
    | with you on your input on new employer applying for GC instead of H1B.

    | I was wondering how would this be possible as I am on L1A for company A
    | and which does not sponsor for GC. Is it really possible for the new
    | employer (let's say employer "B" who is willing to apply for H1B) to
    | apply for GC- I-140 and I-485 on my L1A from my current employer.

Remember that L-1A (or H-1B) and Green Card are two independent
processes. So the employer wouldn't apply "on your L-1A". As long as the
job (and you) meet the requirements for an EB-1 GC as a manager or
executive, the new employer can sponsor you in that category. I note
that Jonathan wrote that only the L-1A employer can petition for an EB-1
GC. I'm not sure what I overlooked; I had been under the impression that
there is no real connection between the two. So I thought that as long
as the new job also qualifies for an EB-1, the new employer can
petition, as well.

    | Does USCIS really accept this? I thought L1A is intracompany transfer
    | and if so, isn't the VISA applicable only to my Current employer. Is my
    | interpretation wrong?

The L-1A indeed is only applicable to that employer. But the Green Card
is independent of the L-1A.

    | Also, even if the new employer is ready to apply for GC- I-140 and I-485
    | and USCIS does allow this, during this processing if my current employer
    | knows about all this - let's say a query or confirmation from USCIS, I
    | would loose the job and may be asked to leave the country.

No need to worry. For one, this kind of information is confidential, and
USCIS can't just disclose such things to anybody, much less to a
previous employer. For another, as soon as the I-485 is filed, you would
be allowed to remain in the USA just by virtue of having that filed,
even if the employer did dismiss you.

- --
Remember, I am strictly a layperson without any legal training. I
encourage everybody to seek competent legal counsel rather than
relying on usenet newsgroups.

Please visit my new FAQ at http://www.kkeane.com (always under
construction)

My email address in usenet posts is now invalid for Spam protection.
See my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
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