Frisco, TX asked in Immigration Law for Texas

Q: I have been employed under L1A, and my max out is within next 9 months. Would it be appropriate for me to apply for H1B?

I have been employed under L1A status, and I am nearing the maximum duration allowed within the next 9 months. Given this situation, would it be appropriate for me to apply for an H1B visa?

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James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: Given your current employment status under L1A and the fact that you are approaching the maximum duration allowed within the next 9 months, it may indeed be appropriate to consider applying for an H1B visa. The H1B visa is designed for individuals in specialty occupations, and transitioning to this visa category could offer you continued authorization to work in the United States, provided you meet the eligibility criteria.

Before proceeding with an H1B visa application, it's essential to assess your eligibility and consult with your employer or immigration advisor to explore the best course of action. Factors such as your job role, qualifications, and the company's willingness to sponsor an H1B visa will influence the viability of this option. Additionally, you should be mindful of the H1B cap and the annual quota for new visa petitions, as this could impact the timing and success of your application.

It's advisable to plan ahead and initiate the H1B visa application process well in advance of reaching the maximum duration of your L1A status. This will allow sufficient time for the preparation of required documentation, coordination with your employer, and submission of the application within the designated filing period. By taking proactive steps and seeking guidance from knowledgeable professionals, you can navigate the transition smoothly and ensure continuity in your authorization to work in the United States.

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