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H1B approved and applying for L1B extension

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  • H1B approved and applying for L1B extension

    I am working for employer1 on L1-B. my visa & I-94 is going to expire by Feb 6 2014.

    I have applied for H1B through employer2 in Apr 1 2013 as a COS from L1.
    My H1B petition went to RFE->Denial->MTR->Approved status and I got the petition approved on Jan-21-2014. I am waiting for approved petition.

    My employer2 told that once I get a client project, I will start working for employer2 after serving 2 weeks notice to employer1.

    In the mean time, my employer1 has filed L1-B Extension on Jan-23-2014.

    1. Without any issues when I should convert my status to H1B when my L1-B extension is in process
    1.1 Before my current visa expires on Feb 6 2014?
    1.2 After my current visa expires on Feb 6 2014?

    2. Do I need to go for H1-B stamping to my home country in order to start working in H1B Since I have filed L1-B extension?

    3. What happened to my H1B petition if my L1-B petition got
    3.1 Approved or
    3.2 RFE or
    3.3 Rejected

    4. When I need to ask my employer1 to withdraw L1-B petition.
    4.1 Immediately or
    4.2 Shall I wait till I get a project thru employer2 and start working for them?

    Please advise.
    Last edited by bmdkannan; 01-24-2014, 04:30 AM.

  • #2
    Originally posted by bmdkannan View Post
    I am working for employer1 on L1-B. my visa & I-94 is going to expire by Feb 6 2014.

    I have applied for H1B through employer2 in Apr 1 2013 as a COS from L1.
    My H1B petition went to RFE->Denial->MTR->Approved status and I got the petition approved on Jan-21-2014. I am waiting for approved petition.

    My employer2 told that once I get a client project, I will start working for employer2 after serving 2 weeks notice to employer1.

    In the mean time, my employer1 has filed L1-B Extension on Jan-23-2014.

    1. Without any issues when I should convert my status to H1B when my L1-B extension is in process
    1.1 Before my current visa expires on Feb 6 2014?
    1.2 After my current visa expires on Feb 6 2014?

    2. Do I need to go for H1-B stamping to my home country in order to start working in H1B Since I have filed L1-B extension?

    3. What happened to my H1B petition if my L1-B petition got
    3.1 Approved or
    3.2 RFE or
    3.3 Rejected

    4. When I need to ask my employer1 to withdraw L1-B petition.
    4.1 Immediately or
    4.2 Shall I wait till I get a project thru employer2 and start working for them?

    Please advise.
    If L1 to H1 was approved as COS from 21-Jan-2104, you should only be working with and get paid from H1 employer2 from that date, otherwise you are out of status. Its also illegal to continue working with L1 employer1 post COS to H1 of employer2.

    This is my opinion not legal advice.

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