H1B vs L Post-elections

[kidontheblock20 0]

[i know there is big uncertainty - would appreciate any unfiltered thoughts though]

I plan to move to US in early 2017. I have an approved H1B visa and am able to get an L visa too. Employer is a known company with high salary.

For the purpose of staying in the US for many years (get a green card), which of H1B vs L is better?

Pre-elections I would say H1B since even if things do not work out with my first employer I get a chance to switch one.

But post elections...

- Which visa would be faster to green card? (employer will start process asap).

- Do you think Trump actions would affect existing H1B holders? Are there multiple intermediate approvals / extensions which I need to get in H1B that are now at risk?

- My spouse wants to work after 1 year. We were counting on getting EAD, is it expected to take a hit too?

- Can I go the L path but if something goes wrong with employer revert to H1B?

I appreciate any feedback!

[kzielu 1,149]

None of those visas gives you clear path to green card regardless of how long you stay - which length of is limited for both of them.

L-1 especially blanket one is much much faster than any H visas.

[KierenHby 899]

H1\H4 program is likely to get scrutiny in a Trump administration.. due to the prevalence of wholesale fraud by foreign employees and shady US employers. I wouldn't count on a green card being as easy any longer. H visas are for temporary positions (3/6yrs) unfilled by US workers.

[randomstairs 303]

For the purpose of GC it doesn't make a difference. It's up to your employer whether they want to sponsor you for I-140. If you qualify for L-1 then it's more likely that you'll also qualify for EB1C but in itself the L-1 shouldn't make a difference.

H1B may take a very long time to process (prevailing wages, etc). In terms of switching the employer it gives you little freedom. It is NOT transferable, as opposed to the popular belief. Once you terminate your employment (on H1B) you will be out-of-status. The new employer has to start the application process all over again.

If you are in a high wage category and no cap, you probably have nothing to worry about with H1B. Trump admin will go after low-skilled, low wage H1B labor, if at all. The President-elect has said some harsh things about the visa but later stated that his position has evolved and that he was supporting high-skilled immigration. But then again, with the newly appointed AG, it's hard to tell. My gut feeling (which is all we have on the subject) is that for your credentials H1B is still a good visa.

No one can tell with certainty but it doesn't seem like H4-EAD will get hit by the new admin.

I'm not aware of any restrictions on filing for H1B after quitting the L-1 employment.

.