H1B and L1B Visa

[vikramrajiv]

Dear All,

I have a strange question regarding my visa. Currently, I am working in US on an L1B visa. However, the L1B expired in Sep. In sep, my employer had filed an extension for L1B and i got the EAC number. I am yet to receive any further update about this.

At the same time, another employer filed an H1B visa for me. This visa got approved and i got an updated I-94 as well. However, due to some personal reasons i need to go back to India for good by January 2013. Thus i am not able to change the job and work for the new employer on H1B. Now, i have following questions regarding my Visa status.

1) Can there be a problem if i continue to work with my current employer until January 2013 and then go to India? What if i hear any update (approval, or denial, or RFE) from USCIS regarding the L1 visa in the meantime? I am not sure what my current employer will do in this case.

2) When i go back to India in January 2013 and if i want to come back after some time, say one year, can i come through the H1B visa i got?

Please help me in this regard. I greatly appreciate any suggestion that will help me to take better decision.

Thanks and Regards,
Vikramrajiv

[raghvi]

Dear All,

I have a strange question regarding my visa. Currently, I am working in US on an L1B visa. However, the L1B expired in Sep. In sep, my employer had filed an extension for L1B and i got the EAC number. I am yet to receive any further update about this.

At the same time, another employer filed an H1B visa for me. This visa got approved and i got an updated I-94 as well. However, due to some personal reasons i need to go back to India for good by January 2013. Thus i am not able to change the job and work for the new employer on H1B. Now, i have following questions regarding my Visa status.

1) Can there be a problem if i continue to work with my current employer until January 2013 and then go to India? What if i hear any update (approval, or denial, or RFE) from USCIS regarding the L1 visa in the meantime? I am not sure what my current employer will do in this case.

2) When i go back to India in January 2013 and if i want to come back after some time, say one year, can i come through the H1B visa i got?

Please help me in this regard. I greatly appreciate any suggestion that will help me to take better decision.

Thanks and Regards,
Vikramrajiv

Till when was/is your L1 I-94 valid?

As your L1 status has changed to H1 from the H1 approval date you should no longer be working for the L1 employer from that date.
Filing multiple petitions at the same time, i.e. L1 extension as well as L1 to H1 COS always complicates stuff. No one for sure can tell what would be your status if L1 gets approved as both L1 and H1 have got approved, also since you are not working for H1 employer you are not maintaining valid H1 status.If L1 extension gets rejected you are out of status since L1 end date.

To answer to your questions:
1. If your H1 has already been approved in the past and you have got an I-94 associated with it, you should currently be working only with the H1 employer. Any employment with L1 employer is wrong. Also, without L1 extension approval your stay beyond L1 I-94 expiry till H1 I-94 start will be illegal and out of status period.
2. It will be difficult to use the same petition, in future if you are planning to work for same employer, as and when you go for H1 stamping you will have to show valid status proof of H1 from H1 valid date till you leave US. Since you are not working for the H1 employer you would not have these proof. Also, If you never have maintained H1 status the same H1 petition will be difficult to be transferred.

You or your employer would have to retain an experienced lawyer in order to sort this mess out.

This is my opinion not legal advice.