British Expatriate Network

Just a general question. Apparrently expat personnel group are contacting engineers on L1's and suggesting that they change from that to a H1 visa. Is there anything to be gained by this?


We are only hearing this on the grapevine, as it appears to be only the engineers who have actually put in their gc appliacations in who are being contacted. We have only just put our in as there seemed to be very little point in doing it as we have to go through the job certification process. That can only start once the company has stopped laying off people and as the last round was in November, that is still another 10 months away,(4 moths +6 extra for some reason which I can't remember). Apparently Gordon would go to the top of the queue because of our time limits. We are currently on our 2nd L1/2 visa which expires in March 2005 and given that both visas are time limited to 7 yrs max, even changing to a H1 would be limited to 3yrs from now before you have to petition to extend that period. Is it easier to get a gc from H1B status?

I don't know much about the H1-b but we came over in 97 on L1 & L2. After two years we were permitted to apply for change in status (apply for permanent residence) and I was issued a work visa in 2000. We were told there are 40,000 slots per year for L1 holders to get a green card but only 5,000 ever pick up.

I'm on an H1-B and it's miserable - only working for the one company who know they've got you trapped... this might be the same as the L1 though.... GC is still the best thing..

I've been no help, I'm sure.

Stel.

I've been thinking about this....

Why would they be suggesting a change of visa to people who's GC applications are in? If you've filed adjustment of status, you just need an EAD to work and advanced parole to leave the country -the visa is no longer applicable. As far as I know.

Monster, I worded it incorrectly, I think. They have made the inital application for labour certification. Motorola is not very helpful in this area and we have been floundering in the dark for a good while. Seemingly, the reason they are changing is because we are all on L1b visas and the maximum length for these are 5 yrs, we would have been here 4 yrs on 29th March. Gordon has looked into this, he can't changed to a L1a visa now even though he was a manager in the UK and could be regarded as manager over here. Apparently, there is a window in the inital months but not for long. As we were originally here for only 13 months, it didn't seem important then. As it turns out, other friends of ours are on L1a and aren't any further along, because of the continuing layoffs, although hopefully they have finished now. With a H1B, he becomes a preferred worker or something like that and the GC process becomes easier (apparently). Seemingly, you are also not tied to a employer like you are with an L1. A Friend of ours has already been in touch with Dell, who seem to be the only ones taking on engineers at the moment. The other reason I think they are suddenly doing this is for 2 reasons

a) the number of H1b visas are to cut drastically this October (reason given to Gordon)
b) the semi-conductor industry is to be hived off by Motorola and become a company in its own right. This would probably invalidate the L1 visas we already have if they apply the letter to the law re these visas.

Seems you have been very fortunate with your GC process because not one of the 20 or so engineers that transfer over here in 2000, have got any further along with thier process other than the inital process.