Applying for H1 while L1 Petiton is in progress

[listmeguest1]

Hi Everyone,

My L1B visa and I94 expired in November 2013, and my company (A1) filed an L1 A petition in november, for which i got an RFE to which i supposed to reply back by May. I am in USA and i am trying through another company(A2) to see if they can file an H1 for me in April 2014. when i searched in internet i came to know about a concept called Bridging which i am really not able to understand. Assuming that my company(A1) reply back to my RFE in April, I am really not sure which result (L1 or H1) i am going to hear first. My initial understanding about Bridging is "Suppose if I get my L1A result first and is declined then my H1 application is also going to be rejected", I am ready to go back to my country after L1 rejection, even in that case also my H1 application is going to be rejected..? is there way(other than not replying back to RFE) to not to impact my H1 application with my L1A result..?

Another case is , suppose if i get my H1 result first and it is rejected is that going to affect my L1 processing..? I heard about a process called consulate processing as remedy for these bridging issues, I am not sure what that mean can anyone please explain about that and to see if that is going to help me with these cases mentioned here.

Thank you for your help,

[raghvi]

Hi Everyone,

My L1B visa and I94 expired in November 2013, and my company (A1) filed an L1 A petition in november, for which i got an RFE to which i supposed to reply back by May. I am in USA and i am trying through another company(A2) to see if they can file an H1 for me in April 2014. when i searched in internet i came to know about a concept called Bridging which i am really not able to understand. Assuming that my company(A1) reply back to my RFE in April, I am really not sure which result (L1 or H1) i am going to hear first. My initial understanding about Bridging is "Suppose if I get my L1A result first and is declined then my H1 application is also going to be rejected", I am ready to go back to my country after L1 rejection, even in that case also my H1 application is going to be rejected..? is there way(other than not replying back to RFE) to not to impact my H1 application with my L1A result..?

Another case is , suppose if i get my H1 result first and it is rejected is that going to affect my L1 processing..? I heard about a process called consulate processing as remedy for these bridging issues, I am not sure what that mean can anyone please explain about that and to see if that is going to help me with these cases mentioned here.

Thank you for your help,

To cut the long story short, unless you get L1A approved first, the next company A2 will not be able to get a result on your H1. Technically you are out of status from Nov 2013 onward unless you first get L1A approved.

If you want to abandon your L1A or it gets rejected, then the only H1 option is to process it as consular process, which needs you to go to a US consulate outside US and get H1 visa stamping approved in order to mve to H1.

This is my opinion not legal advice.

[Russ]

Coverting L1B to L1A and applying H1B at same time

Hi,

I also have similar situation where I am currently on I-94, my L1B visa is expired and my company is filing L1A for me in a month. Other consultancy is filing my H1B this year. It is very likely for both request to reach embassy in the same time frame. Will this create any issue? What if both gets approved, can I choose one? If one gets rejected can I continue with other?

Let me know if you have any answer for this.

Thanks in advance !!

[raghvi]

Hi,

I also have similar situation where I am currently on I-94, my L1B visa is expired and my company is filing L1A for me in a month. Other consultancy is filing my H1B this year. It is very likely for both request to reach embassy in the same time frame. Will this create any issue? What if both gets approved, can I choose one? If one gets rejected can I continue with other?

Let me know if you have any answer for this.

Thanks in advance !!

Please dont hijack an already running thread, instead post as a new one.

[listmeguest1]

Applying for H1 while L1 Petiton is in progress

To cut the long story short, unless you get L1A approved first, the next company A2 will not be able to get a result on your H1. Technically you are out of status from Nov 2013 onward unless you first get L1A approved.

If you want to abandon your L1A or it gets rejected, then the only H1 option is to process it as consular process, which needs you to go to a US consulate outside US and get H1 visa stamping approved in order to mve to H1.

This is my opinion not legal advice.

Thank you for your response,Raghvi. Can you also please clarify on below things,

1. Can i reply back to my L1A RFE and then file H1 for consular processing..? or do i need to File H1(for consular processing) first and then Reply back to my L1A RFE..? or do i need to abandon L1A (by not replying to RFE) altogether and then only i can apply for H1 Consular processing...?

2.Other than the difference stated above is there any other difference between Consular processing and non consular processing (i guess it is called COS)

3. Suppose of my L1A is approved by July, and also say H1 got approved in August. Can i go for H1 stamping immediately within august and then renounce my L1A by October..?
definitely in order to enter US before October i need to stamp my L1A too, going for both H1 and L1A stampings pose me any risk..? Is there any preffered order of stamping..?

or else do i need to renounce L1A first and then go for H1 stamping..?

Thank you for all your help,

[raghvi]

Thank you for your response,Raghvi. Can you also please clarify on below things,

1. Can i reply back to my L1A RFE and then file H1 for consular processing..? or do i need to File H1(for consular processing) first and then Reply back to my L1A RFE..? or do i need to abandon L1A (by not replying to RFE) altogether and then only i can apply for H1 Consular processing...?

2.Other than the difference stated above is there any other difference between Consular processing and non consular processing (i guess it is called COS)

3. Suppose of my L1A is approved by July, and also say H1 got approved in August. Can i go for H1 stamping immediately within august and then renounce my L1A by October..?
definitely in order to enter US before October i need to stamp my L1A too, going for both H1 and L1A stampings pose me any risk..? Is there any preffered order of stamping..?

or else do i need to renounce L1A first and then go for H1 stamping..?

Thank you for all your help,

1. L1A and H1 are two different petitions, they can happen independently, but as I said unless L1A is successful you cannot move to H1 while being in US. You are allowed to leave US, go for H1 stamping and return on H1 if you have an approved H1 petition.
2. This is the major difference, as one involves leaving US, attending stamping and returning.
3. H1 start date can only be 01-Oct-2014, the earliest you can enter US, if H1 stamping is successful is 20-Sep-2014. So, if you go in August, you can come into US on H1 earliest by Sep-20-2014. If you want to enter earlier than that then you have to go for L1A stamping. generally the consulate will not allow you to have both active L1 and H1 in passport, so if you go for L1 interview after H1 stamping, the H1 most likely will be cancelled, similarly, if you go for H1 stamping after getting L1 stamped, your L1 will most likely be cancelled.

This is my opinion not legal advice.

[listmeguest1]

1. L1A and H1 are two different petitions, they can happen independently, but as I said unless L1A is successful you cannot move to H1 while being in US. You are allowed to leave US, go for H1 stamping and return on H1 if you have an approved H1 petition.
2. This is the major difference, as one involves leaving US, attending stamping and returning.
3. H1 start date can only be 01-Oct-2014, the earliest you can enter US, if H1 stamping is successful is 20-Sep-2014. So, if you go in August, you can come into US on H1 earliest by Sep-20-2014. If you want to enter earlier than that then you have to go for L1A stamping. generally the consulate will not allow you to have both active L1 and H1 in passport, so if you go for L1 interview after H1 stamping, the H1 most likely will be cancelled, similarly, if you go for H1 stamping after getting L1 stamped, your L1 will most likely be cancelled.

This is my opinion not legal advice.

Thank you for your response, raghvi, the answers are really helpful, appreciate your help..