H1B is in process while L1B extension

[Andy1981]

Hello,
I am here in USA on blanket L1B since Oct 2011.

my Blanket L1B visa valid through 19th Aug 2014

I94 valid through 20 Oct 2014

Another employer applied H1B on 1 Apr 2014 and my application is selected in lottery. Now my current employer is asking to go for Blanket L1B extension in Jun 2014 even though my I94 is valid until Oct 2014.

I would be highly thankful for responding below queries,
1. Will there be any issues, going for L1B extension while my H1B is already in process.
2. I am more concerned what happens to H1B process if L1B gets an RFE?
3. Suppose if USCIS cant respond to L1 RFE before H1B approval, then can I work with H1B from 1st Oct 2014?

[jtangy]

Hello,
I am here in USA on blanket L1B since Oct 2011.

my Blanket L1B visa valid through 19th Aug 2014

I94 valid through 20 Oct 2014

Another employer applied H1B on 1 Apr 2014 and my application is selected in lottery. Now my current employer is asking to go for Blanket L1B extension in Jun 2014 even though my I94 is valid until Oct 2014.

I would be highly thankful for responding below queries,
1. Will there be any issues, going for L1B extension while my H1B is already in process.
2. I am more concerned what happens to H1B process if L1B gets an RFE?
3. Suppose if USCIS cant respond to L1 RFE before H1B approval, then can I work with H1B from 1st Oct 2014?

Hi there,

1. No there will be no issue. Usually companies start the extension process about six months before the expiration date of your current status.
2. Your H-1B should not be affected. If your L-1B gets an RFE, it only pertains to the L-1B.
3. You should be fine. Even if USCIS doesn't respond to the RFE in time, your status will change from L-1B to H-1B on October 1st. I'm assuming that your H-1B will be active 10/01/2014? Your employer is probably extending your L-1B case in case anything happens to the H-1B.

Cheers,
Jackie

[raghvi]

I agree with Jackie. Though the part which Jackie missed was that the H1 is with a different employer. If H1 was applied as Change Of Status you must work with H1 employer from COS start date.

This is my opinion not legal advice.

[raghvi]

On Second thought I do see some potential issue if L1 extension gets approved after your COS to H1. In that case you would end up being on L1 again.

This is my opinion not legal advice.

[Andy1981]

H1B-is-in-process-while-L1B-extension

Thank you both Jack and Raghvi for quick, meticulous and valuable information. I have a question on Ragvi's 2nd thought ! what if L1 extension is approved while I am working on H1b with another employer after 1st Oct? Should I go home country for visa stamping or shall I go for another COS from L1 to H1?

Potentially current employer may with draw my L1 but what if L1 is approved before withdrawn?

Appreciate you your response.