L1A and H1B at same time

[SameerT]

Hi,
Here is my current status and need help on some of the questions:

1. I am on L1B visa and my visa expires at July end.
2. I am planning to apply for H1B visa through another employer.
3. My current employer will apply for my L1A sometime in July.

In case of above scenarios, if my L1A and H1B both gets approved, which visa will be valid after October?

If my H1B gets approved and L1A i rejected, as my L1B ends at July end, I can not stay in US from August to September and I will need to get visa stamped when I come back to US in October. Is this correct? What are my options if I don't have to leave US during this time period?

If I have to leave US, then within how much time do I need to get a job after coming back on H1B visa?

Thanks in advance

[raghvi]

Hi,
Here is my current status and need help on some of the questions:

1. I am on L1B visa and my visa expires at July end.
2. I am planning to apply for H1B visa through another employer.
3. My current employer will apply for my L1A sometime in July.

In case of above scenarios, if my L1A and H1B both gets approved, which visa will be valid after October?

If my H1B gets approved and L1A i rejected, as my L1B ends at July end, I can not stay in US from August to September and I will need to get visa stamped when I come back to US in October. Is this correct? What are my options if I don't have to leave US during this time period?

If I have to leave US, then within how much time do I need to get a job after coming back on H1B visa?

Thanks in advance

1. If my L1A and H1B both gets approved, which visa will be valid after October --- Most probably H1 will not get approved as COS. USCIS will either approve it as consular process OR raise an RFE to prove your valid status from July till Oct 1st. The valid status that you would need to provide as a response to RFE would be a valid approved L1B extension or L1A approval. If you are able to provide that, your COS might be approved to H1 and you would move to H1
2. Yes, as I said, your COS to H1 would be valid only from 01-Oct-2014. The only way to maintain valid status from JUly till Oct is to either get L1B extension or L1A, or any other status approved.
3. If I have to leave US, then within how much time do I need to get a job after coming back on H1B visa? What do you mean by getting a job after coming back on H1 Visa? Dont you already have a job on the basis of which H1B will be approved? As and when you enter US on H1B the same day onward you should be getting paid by the employer on whose petition (I797) you would be entering US.

This is my opinion not legal advice.