L1 Extension and H1 process

[Xinxu]

Hi,

I am currently in US working with company A in L1A. My visa is getting expired in Feb 2013 and company has started the L1 extension process. Meantime I started a H1 transfer process (I have a previous H1 filing in 2008) with company B. My questions are
1. Whether processing L1 extension and H1 transfer at the same time will cause any problem? i.e any one of this will get rejected because of the result of each other during the process.
2. I am planning to visit India in Jan 2013. So in case if the H1 process is still underway or approved or denied then whether I will still be able to appear for L1 stamping at chennai consulate?

Thanks

[raghvi]

Hi,

I am currently in US working with company A in L1A. My visa is getting expired in Feb 2013 and company has started the L1 extension process. Meantime I started a H1 transfer process (I have a previous H1 filing in 2008) with company B. My questions are
1. Whether processing L1 extension and H1 transfer at the same time will cause any problem? i.e any one of this will get rejected because of the result of each other during the process.
2. I am planning to visit India in Jan 2013. So in case if the H1 process is still underway or approved or denied then whether I will still be able to appear for L1 stamping at chennai consulate?

Thanks

Till when is your L1A I-94 valid?

Its not advisable to travel outside US if you have a COS, Extension filed and pending with USCIS. Though L1 extension and H1 tranfser are treated as separate applications it can give rise to confusions later on depending upon which one gets approved first or later as per last action rule. For example, if L1 extension gets approved first and then COS to H1 and transfer gets approved then you have to immediately start work with H1 employer, similarly, if you on h1 and L1 extension gets approved you should be working with L1 employer only. Also, as you are plannign to travel the Extension request as well as COS to H1 will be considered abandoned and you will have to get a stamping done of H1/L1 in order to return.

Advised to first decide whether travel to India OR H1 tranfser OR L1 extension is most important. If travel then travel first come back and apply for extension/transfer. If H1 then apply for H1 in premium get approval, go to India get H1 stamped and return on H1. if L1 then apply for L1 extension in premium, get approval and then travel to India, get L1 stamped and return on L1.

This is my opinion not legal advice.