L1B Extension and h1B approval

[vishal27580]

Hello All,

Currently I am in US on L1B visa which is going to expire on June 1st 2013.
As of now my company applied for L1B Extension.

I got sponsorship for H1B visa and it got approved after applying for L1B extension.

I will be traveling to India in May 2013. My present company wants me to come back to US on L1B (if extension approved).

My question
1. If H1 is approved, does it going to affect L1B extension?
2. If L1B extension is approved, can I travel back to US on L1B?
3. When I go to India, should I go for L1B and H1B stamping? or should only go for H1B Stamping?


Your advice is much appritiated.

Thank you
Vishal

[raghvi]

Hello All,

Currently I am in US on L1B visa which is going to expire on June 1st 2013.
As of now my company applied for L1B Extension.

I got sponsorship for H1B visa and it got approved after applying for L1B extension.

I will be traveling to India in May 2013. My present company wants me to come back to US on L1B (if extension approved).

My question
1. If H1 is approved, does it going to affect L1B extension?
2. If L1B extension is approved, can I travel back to US on L1B?
3. When I go to India, should I go for L1B and H1B stamping? or should only go for H1B Stamping?


Your advice is much appritiated.

Thank you
Vishal

Are the L1 and H1 employer the same?

[vishal27580]

No both are different

[raghvi]

No both are different

When you say your H1 got approved I am assuming it was filed in 2012 with start date of 01-Oct-2012 or later. Correct me if I am wrong. Was it filed as COS or Consular processing I mean did the approval come with a new I-94 at the bottom of the approval notice?

[vishal27580]

Thanks for your support
H1B was filed in 2012 with start date of 26-Oct-2012.
When H1B was filled, I wa sin India so for sure it is not COS.
H1B got approved on 21 Jan 2013 so yet to receive approval notice

[raghvi]

Thanks for your support
H1B was filed in 2012 with start date of 26-Oct-2012.
When H1B was filled, I wa sin India so for sure it is not COS.
H1B got approved on 21 Jan 2013 so yet to receive approval notice

Technically since you traveled after applying for H1 even if it was a COS it should have got abandoned but the underlying petition would still be valid, at the same time just because you traveled after applying for H1 it doesn't mean it was not a COS. USCIS might still approve COS and send an I-94 along with the approval notice, in that case all sort of confusions arise. This is the reason one should avoid applying extensions/COS and travel outside at the same time

Nonetheless, you should wait for approval notice and then decide the next course of action.

This is my opinion not legal advice.

[vishal27580]

hello Sir,

I received my H1B approval notice and it is without I-94. It is filled with consular processing.
Here is whole case now

H1B got approved on 21 Jan 2013 with consular processing.
L1B extension was filled before 21st Jan 2013 and it is under process.

Question:

1. H1B approval going to affect my L1B extension process?
2. If L1B is approved, can I first go for H1B stamping and if H1B stamping fails, can I still go for L1B stamping?
3. If I come to US back on L1B, can I file H1B with COS using approved petition?

Thanks
Vishal Jajoo

[raghvi]

hello Sir,

I received my H1B approval notice and it is without I-94. It is filled with consular processing.
Here is whole case now

H1B got approved on 21 Jan 2013 with consular processing.
L1B extension was filled before 21st Jan 2013 and it is under process.

Question:

1. H1B approval going to affect my L1B extension process?
2. If L1B is approved, can I first go for H1B stamping and if H1B stamping fails, can I still go for L1B stamping?
3. If I come to US back on L1B, can I file H1B with COS using approved petition?

Thanks
Vishal Jajoo

1. No
2. Yes.
3. Yes it is possible, but first the underlying petition has to be changed form Consular processing to COS.

This is my opinion not legal advice

[vishal27580]

Thank you for your support