Regarding L1B process

[Yamini Popu]

Hi,

My friend completed his b-tech (Electrical) course in the year 2006. But due to some reasons he got his cetificate 2008 october. After completion of his course in 2006 we both joined in one MNC company. He joined in the company with course completion cetificate. As he is have strong dot net skills he got offer in 2006 in the company. As we both are having 3 years of experience with the company,company is going to file L1B for both of us. In my friend case is he eligible to apply for L1 visa. Please provide this information ASAP.

Thanks
Yammi

[Tim Holloway]

L1 is horrible. Unlike H1-B, which (in theory) requires you to get paid something approaching the prevailing wage, L1 gets you paid cheap-country wages in an expensive country. This is then normally augmented by a cost-of-living allowance.

What I was told was that locally, that amounts to about $1000 a month, and while 6 lpa might sound good in Kolkata, I'm not even sure you can rent an apartment on that around here, and we're so much cheaper than New York that we're a "nearshoring" hub for companies that want to do work on the cheap but not put up with the problems of actually offshoring work. And, of course, the US is colder than India even in the South, so add in extra clothing and heating. Plus transportation, food, entertainment, etc. almost all of which are higher than back home.

The end result is L1 people packed into apartments in a manner more like migrant farm workers than trained professionals.

If you're primarily interested in simply going overseas, L1 is an option. Otherwise, an H1-B is a far better deal.

[Gabriel Claramunt]

Originally posted by Tim Holloway:
L1 is horrible. Unlike H1-B, which (in theory) requires you to get paid something approaching the prevailing wage, L1 gets you paid cheap-country wages in an expensive country. This is then normally augmented by a cost-of-living allowance.

That depends on the company (and in some cases, because of taxes, the country of origin). I know many L1B that get paid a full US salary enough to make a decent living in most of the places.
In my opinion, compared with H1B,
L1B advantages: no annual quota, pretty straightforward application process, spouse can work freely.
L1B disadvantages: 5 year limit, cannot (easily) switch companies .

[Gabriel Claramunt]

For L1, what it matters is what you do in the company and how long you've been working there, not the certificate. Your friend seems to be eligible (but I'm not a lawyer)

Originally posted by Yamini Popu:
Hi,

My friend completed his b-tech (Electrical) course in the year 2006. But due to some reasons he got his cetificate 2008 october. After completion of his course in 2006 we both joined in one MNC company. He joined in the company with course completion cetificate. As he is have strong dot net skills he got offer in 2006 in the company. As we both are having 3 years of experience with the company,company is going to file L1B for both of us. In my friend case is he eligible to apply for L1 visa. Please provide this information ASAP.

Thanks
Yammi

[Yamini Popu]

Thanks for the reply. From my company side there is no problem for my friend. The last thing i want to know whether my friend's process can be approved from the consolate if he applies. Please send your suggestions.

[Gabriel Claramunt]

Not sure what are you asking.
The US branch of the company must file the paperwork with the USCIS (immigration). Once approved, the company will send the approval notice to your friend and then he'll have to go the consulate to get the visa stamped.

[Yamini Popu]

Sorry for poor explanation.The Us branch is very much ready to file L1B and he is having 3 years of experience with the company, But in my friend's case whether the process get approved or not because he got his degree certificate in the month of october 2008 even though he is having 3 years of experience.

[Saurabh Kumar]

... But in my friend's case whether the process get approved or not because he got his degree certificate in the month of october 2008 even though he is having 3 years of experience.

The degree certificate has the date of completion of the course,which matters.

The degree certificate would have the date(year)of 2006 indicating that your friend completed the course in 2006. So, it won't matter if your friend got the degree certificate in 2006 or 2008 as long as it shows the year of completion of course.

Thanks and regards,
Saurabh

[Gabriel Claramunt]

If I recall correctly, L1 visa doesn't require a degree/certificate, only knowledge specific to the company.
(Of course, when in doubt, consult with your company's lawyer)
[ December 04, 2008: Message edited by: Gabriel Claramunt ]

[Yamini Popu]

Thanks for your Reply, If that is the case for L1 what is the suituation for H1 in my friend's case.

[Yamini Popu]

Please send me some replies it is very urgent for me.

[Anand Prabhu]

Originally posted by Yamini Popu:
Please send me some replies it is very urgent for me.

If I were you, I would post visa (especially specific ones) related queries on immigration related sites. You are much likely to get better response. I am not too much into this arena and so I may be outdated but I think www.immigration.com, www.immigration-law.com, www.murthy.com would be a good start.
[ December 10, 2008: Message edited by: Anand Prabhu ]