L1B processing just before H1B

[acroback]

A MNC on west coast is going to file my H1B for this year.
Obviously they have suggested me not to resign as H1B is lottery based.

But my current company is filing my L1B individual petition this month.
Yes I have selected premium processing for L1B Individual petition.

So now I am confused.

- L1B petition status will be known to me in 15 odd days due to premium processing. Will this affect my H1B?
- If my L1B Visa is approved say after my H1B petition filing, will it affect my H1B petition?
- If my L1B Visa gets stamped and after that my H1B petition is accepted, does my L1B gets invalidated?

So ques is, what should be the course of action for me?
Let my current company file my L1B or ask them not to file my L1B?

I am a little puzzled, as I know which ever petition is last shall take effect.

Thanks,

[raghvi]

A MNC on west coast is going to file my H1B for this year.
Obviously they have suggested me not to resign as H1B is lottery based.

But my current company is filing my L1B individual petition this month.
Yes I have selected premium processing for L1B Individual petition.

So now I am confused.

- L1B petition status will be known to me in 15 odd days due to premium processing. Will this affect my H1B?
- If my L1B Visa is approved say after my H1B petition filing, will it affect my H1B petition?
- If my L1B Visa gets stamped and after that my H1B petition is accepted, does my L1B gets invalidated?

So ques is, what should be the course of action for me?
Let my current company file my L1B or ask them not to file my L1B?

I am a little puzzled, as I know which ever petition is last shall take effect.

Thanks,

Since you are outside US the last action rule doesnt actually apply in this case. L1 petition and H1 petition both will be assessed independently and be approved on their own merit.

Now since you did a L1 Individual premium, most likely you would get result much before H1 petition approval, as H1 petition acceptance will start only from 01-Apr-2014 and approval at best may come by May mid even in premium category. Also remember, the earliest you can work on new H1 would be 01-Oct-2014.

Even if approval comes in May for H1, the earliest you can attend H1 interview would be Aug 01-2014 (90 Days before start date of 01-Oct-2014).

So if L1 Individual is approved, you would eventually face question from current company is why aren't you attending interview. And if you attend L1 interview and it gets approved then later on if H1 is also approved, and you attend H1 interview, your L1 will be cancelled in the passport.

As you see lots of possible scenarios and ifs. Once you have the petitions approved, you can decide which visa to go to stamping for. In most likelihood, one can have only H1 OR only L1 visa valid in passport.

I would suggest, get L1 petition approved, and attend L1 interview. Let h1 process continue in parallel.

This is my opinion not legal advice.