Getting H1 Visa and L1 Extension in same time - URGENT Query, Help Plz.

[VMA]

Hi...

I am working in company A with L1 Visa, i94 of that L1 is going to expire on Oct 10,2014.

I am applying H1 Premium thro' company B for the year 2014 and Company A is is asking me to start the L1 extension process from April onwards.

My question is...

What i should do if i get my L1 extension after getting H1 Visa...

Whether i can cancel L1 and go ahead with H1 ?

Or Company B should do L1 to H1 conversion for me ???

Shall i face any issue if i get L1 Extension after Getting H1 ???

Please Guide...

[raghvi]

Its always better to avoid multiple petitions filed with USCIS.

I am assuming your H1 employer B would be filing H1 as Change Of Status (COS). If that is the case, then from the H1 Start Date you have to work for H1 employer, you cannot work for L1 employer.Alsoif you have dependents they will also have corresponding L2 to H4 petitions filed.

Further, if your L1 extension gets approved, you would move back to L1 from H1 and should work with L1 employer.

To avoid all the confusion later on her is what I would suggest you do.

File L1 to H1 as COS in premium on 01-April-2014. As well as L1 extension in premium somewhere in June 2014. This way you would get the decisions before your I-94 expiry.

On 01-Oct-2014:

If L1 To H1 COS approved, but L1 extension denied, you automatically would move to H1 from 01-Oct-2014 and cna start working for H1 employer from 01-Oct-2014.
If L1 to H1 COS denied, but L1 extension approved, you continue to work with L1 employer.
If L1 to H1 COS denied, and L1 extension denied, you pack up and leave US.
If both approved then you have to decide which one to continue work with. If you decide to continue work with L1 employer, leave US on 25-Sep-2014, and return on new stamped L1. If you decide to work with H1 employer, leave US , get H1 stamped and return on H1.


If premium processing is not possible then file L1 to H1 as COS on 01-Oct-2014, and if approved, dont file for L1 extension , and start working with H1 employer from COS date.
If L1 to H1 cOS denied, then file extension somewhere around 01-Oct-2014, but before 10-Oct-2014 and await L1 extension decision.

This is my opinion not legal advice.