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L1 to H1 and L1 Extension at same time

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  • L1 to H1 and L1 Extension at same time

    Hi,
    My query is regarding the scenario where L1 extension and L1 to H1 petitions were filed around similar time.

    I was working for company A on a L1B individual visa which was approved back in year 2004. Its validity along with validity of I-94 was until 1st Nov 2006. Employer B filed a L1 to H1 COS petition for me in 2006 with receipt date of May 30th 2006 and it was approved with notice date of August 29, 2006.

    During same time period, I also filed for extension of my existing L1B petition with employer A. It was filed with receipt date of August 9th 2006 and it also got approved with notice date of Oct 3rd 2006.

    At that time, I was not aware of these complications around filing of multiple concurrent petitions etc. Also, employer B did not have too many projects so I continued working for employer A on the extended L1B before I left US on Dec 1st 2006.
    I have come back to US again last year and currently in the process of changing from employer B (whom I had joined after going back to India in Dec 2006) to employer C who are doing a cap-exempt H1B petition for me based on another approved H1B which I got through employer D in year 2008.

    With some understanding around all these legal rules, I have this concern around my status back in 2006 when both my L1 Extension for employer A and L1 to H1 COS for employer B were approved. My specific queries are:-

    1. Was it ok for me to continue on L1 status even though my L1 to H1 COS status was approved with issued I94 having start date as 1st Oct 2006 OR was it fine as latest action was L1 extension (Oct 3rd, 2006) compared to L1 to H1 COS approval with action date on Aug 29th 2006?
    2. Even if above was fine, what was my status on 1st and 2nd Oct 2006?
    3. Will USCIS consider any of the above as gaps and can I face future problems while doing my Green card processing?

    Many thanks in advance for your response.

    Regards.

  • #2
    Originally posted by hscr2013 View Post
    Hi,
    My query is regarding the scenario where L1 extension and L1 to H1 petitions were filed around similar time.

    I was working for company A on a L1B individual visa which was approved back in year 2004. Its validity along with validity of I-94 was until 1st Nov 2006. Employer B filed a L1 to H1 COS petition for me in 2006 with receipt date of May 30th 2006 and it was approved with notice date of August 29, 2006.

    During same time period, I also filed for extension of my existing L1B petition with employer A. It was filed with receipt date of August 9th 2006 and it also got approved with notice date of Oct 3rd 2006.

    At that time, I was not aware of these complications around filing of multiple concurrent petitions etc. Also, employer B did not have too many projects so I continued working for employer A on the extended L1B before I left US on Dec 1st 2006.
    I have come back to US again last year and currently in the process of changing from employer B (whom I had joined after going back to India in Dec 2006) to employer C who are doing a cap-exempt H1B petition for me based on another approved H1B which I got through employer D in year 2008.

    With some understanding around all these legal rules, I have this concern around my status back in 2006 when both my L1 Extension for employer A and L1 to H1 COS for employer B were approved. My specific queries are:-

    1. Was it ok for me to continue on L1 status even though my L1 to H1 COS status was approved with issued I94 having start date as 1st Oct 2006 OR was it fine as latest action was L1 extension (Oct 3rd, 2006) compared to L1 to H1 COS approval with action date on Aug 29th 2006?
    2. Even if above was fine, what was my status on 1st and 2nd Oct 2006?
    3. Will USCIS consider any of the above as gaps and can I face future problems while doing my Green card processing?

    Many thanks in advance for your response.

    Regards.
    We are in 2014 now....its been over 8 Years, any reason you want to re open those?

    Comment


    • #3
      Thanks for your response. I am just worried whether I followed the right process at that time and also want to make sure that I will not face any issues in future in terms of my legal status if I file for Green card in future.

      More so, it will be good to get a clear understanding around this if you can help here please.

      Comment


      • #4
        Originally posted by hscr2013 View Post
        Thanks for your response. I am just worried whether I followed the right process at that time and also want to make sure that I will not face any issues in future in terms of my legal status if I file for Green card in future.

        More so, it will be good to get a clear understanding around this if you can help here please.
        Technically, you having worked with L1 employer post COS to H1 was illegal. You should have either joined employer B on their H1 on 01-Oct-2006, OR, done a leap frog, that is left US, and re entered in L1 visa to continue working with L1 employer. Whether USCIS catches this ignores it, or considers you out of status/illegal because of this 8 Years later is something only USCIS can say. I would advise seeking help from an attorney to determine the impact.

        This is my opinion not legal advice.

        Comment


        • #5
          Thanks, I appreciate your response, this clarifies my query.

          Comment

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