H-1B in parallel to L-1 conversion? Legal or not?

[the_rising_sun]

hello,

I am currently on L-1B which gets expired in Mar'17 next year. Both i94 and visa expire on the same date. I have been staying in the U.S. since Jun'12 and my company is planning to convert the visa type to L-1A since i am playing a managerial role now. On a safer side, i am also planning to file for an H-1B from another company for FY'17.

Question -

My company would submit L-1A docs by Jan'17. If L-1A gets approved after Apr'17 or May'17 by which time H-1B applications are already submitted., would it be a conflict as the USCIS would be able to see 2 applications on my name in their database? Is it legal to file both L-1 and H-1 applications in parallel from 2 different employers?

[raghvi]

hello,

I am currently on L-1B which gets expired in Mar'17 next year. Both i94 and visa expire on the same date. I have been staying in the U.S. since Jun'12 and my company is planning to convert the visa type to L-1A since i am playing a managerial role now. On a safer side, i am also planning to file for an H-1B from another company for FY'17.

Question -

My company would submit L-1A docs by Jan'17. If L-1A gets approved after Apr'17 or May'17 by which time H-1B applications are already submitted., would it be a conflict as the USCIS would be able to see 2 applications on my name in their database? Is it legal to file both L-1 and H-1 applications in parallel from 2 different employers?

Both the application would be treated independently.

You will have to provide the L1A receipt notice along with the H1 application filed in April 2017.

This is my opinion not legal advice.

[the_rising_sun]

Both the application would be treated independently.

You will have to provide the L1A receipt notice along with the H1 application filed in April 2017.

This is my opinion not legal advice.

Thanks Raghvi.

By the receipt, do you mean acknowledgement by USCIS that they have received my L-1A docs? Or whatever the status of my L-1A petition is?

Couple of related questions -

1.) Is it mandatory to submit this receipt? Does it affect an outcome of the visa decision for either of the visa types (L-1A or H-1B)?
2.) is it okay to file 2 H-1Bs in parallel from 2 different employers?

[raghvi]

Thanks Raghvi.

By the receipt, do you mean acknowledgement by USCIS that they have received my L-1A docs? Or whatever the status of my L-1A petition is?

Couple of related questions -

1.) Is it mandatory to submit this receipt? Does it affect an outcome of the visa decision for either of the visa types (L-1A or H-1B)?
2.) is it okay to file 2 H-1Bs in parallel from 2 different employers?

1.The earliest they will accept the Cap subject H1 petitions is April 2017, so that is past your I-94 expiry.So it makes sense to provide the receipt to justify that your extension is already filed and you are in a period of authorized stay. Even if you dont, there is high likelihood of it being asked in H1 RFE.
2. Legally it is allowed to file as many employers are willing to petition for you.

This is my opinion not legal advcei

[the_rising_sun]

1.The earliest they will accept the Cap subject H1 petitions is April 2017, so that is past your I-94 expiry.So it makes sense to provide the receipt to justify that your extension is already filed and you are in a period of authorized stay. Even if you dont, there is high likelihood of it being asked in H1 RFE.
2. Legally it is allowed to file as many employers are willing to petition for you.

This is my opinion not legal advcei

Thanks raghvi, this helps.

My only concern was that if the outcome of my L-1A conversion petition is not received until say May or Jun'17 (it's normal for USCIS to take 4-5 months to announce the outcome) and my H-1B may be in the process of getting picked. Would this parallel processing of different visa type applications jeopardize my L-1A case? Or even vice-versa?

At this stage, shall i start my search for employers that can file my H-1B from another company?

[the_rising_sun]

Thanks raghvi, this helps.

My only concern was that if the outcome of my L-1A conversion petition is not received until say May or Jun'17 (it's normal for USCIS to take 4-5 months to announce the outcome) and my H-1B may be in the process of getting picked. Would this parallel processing of different visa type applications jeopardize my L-1A case? Or even vice-versa?

At this stage, shall i start my search for employers that can file my H-1B from another company?

@Raghvi - Kindly confirm.

[raghvi]

Thanks raghvi, this helps.

My only concern was that if the outcome of my L-1A conversion petition is not received until say May or Jun'17 (it's normal for USCIS to take 4-5 months to announce the outcome) and my H-1B may be in the process of getting picked. Would this parallel processing of different visa type applications jeopardize my L-1A case? Or even vice-versa?

At this stage, shall i start my search for employers that can file my H-1B from another company?

As I said, both the petitions are treated differently, but the last one active/approved would be your actual status.

This is my opinion not legal advice.

[the_rising_sun]

As I said, both the petitions are treated differently, but the last one active/approved would be your actual status.

This is my opinion not legal advice.

Great! Thanks again. Since i want to give preference to L-1A over H-1B, if L-1A is approved (post Apr'17) and H-1B gets picked later on, will i have an option to avoid COS (Change of Status) and persist with L-1A visa? I would not want my employer filing L-1A to know about the COS due to H-1B.

[raghvi]

Great! Thanks again. Since i want to give preference to L-1A over H-1B, if L-1A is approved (post Apr'17) and H-1B gets picked later on, will i have an option to avoid COS (Change of Status) and persist with L-1A visa? I would not want my employer filing L-1A to know about the COS due to H-1B.

If you want to avoid the COS either the H1 employer has to file an amendment to cancel the COS and it has to be approved prior to COS being effective OR you can leave US before COS becomes effective and re enter on a valid L1 visa to move to L1 status. I would advise getting L1A as well as H1 filed as premium in order to be able to decide on your options quickly.

This is my opinion not legal advice.

[the_rising_sun]

If you want to avoid the COS either the H1 employer has to file an amendment to cancel the COS and it has to be approved prior to COS being effective OR you can leave US before COS becomes effective and re enter on a valid L1 visa to move to L1 status. I would advise getting L1A as well as H1 filed as premium in order to be able to decide on your options quickly.

This is my opinion not legal advice.

Does the COS from L-1 to H-1B always happen on 1st Oct or at a time when H-1B is picked in lottery or approved?

[raghvi]

Does the COS from L-1 to H-1B always happen on 1st Oct or at a time when H-1B is picked in lottery or approved?

If picked up and approved with new I94 before 01-OCT then it will be effective from 01-Oct onwards and if you are in US, you must work and get paid by the H1 employer.

This is my opinion not legal advice.