The reason i am still here after 3 months of being redundant is due to
the contractual agreements with my previous employer in helping me to
relocate back to the UK.
I have a flight booked to return to the UK this week, and I am not sure
whether my previous employer has notified the INS of my termination yet.
My question is this: What is my best option now?
1 Stay in the US and try to apply for an L1 to H1B visa transfer. or
2 Return to the UK, and apply for a new H1B visa from there?
Are there any implications due to my extended stay in the US?
If I leave the country now will I have problems coming back to the US?
If I stay in the US and apply for the transfer, will I have any
problems?
Thanks.
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Posted via http://britishexpats.com
> My question is this: What is my best option now?
>
> 1 Stay in the US and try to apply for an L1 to H1B visa transfer. or
> 2 Return to the UK, and apply for a new H1B visa from there?
>
> Are there any implications due to my extended stay in the US?
>
> If I leave the country now will I have problems coming back to the US?
>
> If I stay in the US and apply for the transfer, will I have any
> problems?
Due to the now zero tolerance on overstays, even if your new employment
was approved by the INS, you'd have to leave the US to get a new visa.
Since H1Bs are now taking several months, it would take you over the 6
month overstay which would invoke an automatic 3 year bar.
Your best bet as I see it is to return to the UK. Your employer will
apply for the employment approval and then you can get your new visa in
London when that's approved.
Stuart
I know there is a fast processing option for H1B visa's for an
additional $1000 that cust the processing time down to about 1
week or so.
Is this option available for transferring an L1 to an H1B also?
If I took this fast approach, would you still recommend returning to the
UK to apply for the H1B because of the zero tolerance policy?
Thanks
Uhhh ... fast processing does not necessarily mean fast route to the
H1B, unless the application is perfect. Rumour has it that a lot of the
premium processing applications are getting RFEs (Requests for Evidence)
within the week, which still results in a slow H1B.
You'll still need to leave the US to get your visa stamp due to zero
tolerance. If your employer is desparate and wants you in a hurry, then
the premium processing is still a better idea, but it doesn't eliminate
the need for you to leave.