What effect on H1B(L1B to H1B with COS) if L1B extension got accepted/rejected/RFP

[shirdisai1]

Hi ,

Please advice me on below scenario:

I am with Employer A on L1B valid till July 2013 and Emploer B will file for H1B in L1B to H1B with COS category on 1st April 2013.

Now if Employer A will also apply for L1B extension from July 2013 then please tell me will it impact my H1B processing.Please explain both ways i.e.

A) if L1B got extended

B) L1B extension got rejected ot got RFP

Thanks,

Shikha

[raghvi]

Hi ,

Please advice me on below scenario:

I am with Employer A on L1B valid till July 2013 and Emploer B will file for H1B in L1B to H1B with COS category on 1st April 2013.

Now if Employer A will also apply for L1B extension from July 2013 then please tell me will it impact my H1B processing.Please explain both ways i.e.

A) if L1B got extended

B) L1B extension got rejected ot got RFP

Thanks,

Shikha

Technically a new H1 start date can only be 01-Oct-2013 or later, and for you to be in status from July 2013 till 01-Oct-2013 (assuming H1 is approved), your L1 extension has to be approved first.

It always leads to complications later on when one has multiple requests pending with the USCIS. In your case if you delay L1 extension filing till July, both new H1 as well as L1 extension request will be pending with the USCIS and as each is independent of the other no on eknows which one gets approve dfirst or last. If L1 extension gets rejected you will have to leave US. If both get approved then come Oct 2013 you dont know whether you are on L1 or H1.It becomes even more complicated if L1 goes into RFE.


You can file for extension request upto 6 Months before I-94 expiry so advisable to file for L1 extension in Jan-Feb 2013 in premium mode and if L1 extension approved, then you can file for COS to H1 in April when quota opens and from 01-Oct-2013 be on H1 without the need to go for H1 stamping.

If L1 extension is rejected, you file for H1 as consular processing in April 2013, stay in US till July 2013, leave US in July 2013, get H1 stamped and return to US in Oct-2013 to work for H1 employer.

This is my opinion not legal advice.

[shirdisai1]

Can I stay in USA on the basis of ticket No from H1B filing

Hi ,

Thanks for replying my question.Now I have one more question:

My Employer who is filing my H1B told me even if my L1B visa as well I94 will get expire in July 2013 but I can stay in USA without working till 1Oct 2013 based on the ticket Number I will get after applying H1B .Please advise it is possible?



Thanks,

Shikha

[raghvi]

Hi ,

Thanks for replying my question.Now I have one more question:

My Employer who is filing my H1B told me even if my L1B visa as well I94 will get expire in July 2013 but I can stay in USA without working till 1Oct 2013 based on the ticket Number I will get after applying H1B .Please advise it is possible?



Thanks,

Shikha

As answered in your other post. It is not possible. You will end up causing more problems later on when asked to prove your valid status during July-Oct period.

This is my opinion not legal advice.