Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

L1B extension is pending and H1B (from new employer) picked in lottery

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • L1B extension is pending and H1B (from new employer) picked in lottery

    Hi,

    My L1B visa and I-94 expired on November 15, 2015. Applied for L1B extension. Got RFE and RFE response was submitted by April 21, 2016. The 240 days cut-off ends at Jul 12, 2016.
    I have applied for new H1B via different consulting company and my case has been picked in lottery and is under process.

    1. My current employer wants to convert L1B extension to PP (so that we can have decision prior to Jul 12, 2016). Does applying L1B extension premium processing is a good idea considering the above scenario ?

    2. Do L1B extension approval/denial has any impact on new employer's H1B petition? if L1B extension is rejected, does it cancels the pending H1B petition of new employer ?

    3. As new H1B has been filed after L1B I-94 expiry date, is there a chance for COS ?

    4. Is there a chance H1B can get approved prior to L1B extension petition ? In this case, if H1B approved earlier and L1B extension rejected later, will this impact the earlier approved H1B petition ?

    Can you kindly help as it is urgent (need to confirm L1B extension PP to my current employer in a day). Thanks.

  • #2
    Originally posted by Gopirengasamy View Post
    Hi,

    My L1B visa and I-94 expired on November 15, 2015. Applied for L1B extension. Got RFE and RFE response was submitted by April 21, 2016. The 240 days cut-off ends at Jul 12, 2016.
    I have applied for new H1B via different consulting company and my case has been picked in lottery and is under process.

    1. My current employer wants to convert L1B extension to PP (so that we can have decision prior to Jul 12, 2016). Does applying L1B extension premium processing is a good idea considering the above scenario ?

    2. Do L1B extension approval/denial has any impact on new employer's H1B petition? if L1B extension is rejected, does it cancels the pending H1B petition of new employer ?

    3. As new H1B has been filed after L1B I-94 expiry date, is there a chance for COS ?

    4. Is there a chance H1B can get approved prior to L1B extension petition ? In this case, if H1B approved earlier and L1B extension rejected later, will this impact the earlier approved H1B petition ?

    Can you kindly help as it is urgent (need to confirm L1B extension PP to my current employer in a day). Thanks.
    1. Well it makes sense to do so, also will give you peace of mind as to next steps.
    2. No. H1 and L1 are independent as they are for different employers and different clients.
    3. Highly doubtful.
    4. Petition may get approved but COS may get denied. Petition, visa, I-94, status are different things.

    This is my opinion not legal advice.

    Comment


    • #3
      Thanks for the timely guidance !!!
      We read some posts about bridge petitions and dependency of H1B petition on L1B extension approval.
      Can you kindly let know in our case there is no such bridging petition involved and we can proceed with L1B extension PP ?

      Comment


      • #4
        Originally posted by Gopirengasamy View Post
        Thanks for the timely guidance !!!
        We read some posts about bridge petitions and dependency of H1B petition on L1B extension approval.
        Can you kindly let know in our case there is no such bridging petition involved and we can proceed with L1B extension PP ?
        The H1 petition approval as such will not depend upon L1 Extension approval, but yes, COS approval can depend upon L1 extension approval. That's why I mentioned that petition, visa, status, I-94 are all different things and have different meaning.

        I do not know how the concept of bridging can be applied in this scenario. The only way you can stay beyond 12-Jul-2016 is if your L1 extension gets approved.

        This is my opinion not legal advice.

        Comment


        • #5
          Originally posted by raghvi View Post
          The H1 petition approval as such will not depend upon L1 Extension approval, but yes, COS approval can depend upon L1 extension approval. That's why I mentioned that petition, visa, status, I-94 are all different things and have different meaning.

          I do not know how the concept of bridging can be applied in this scenario. The only way you can stay beyond 12-Jul-2016 is if your L1 extension gets approved.

          This is my opinion not legal advice.
          Thanks !!!

          Comment


          • #6
            Originally posted by Gopirengasamy View Post
            Thanks !!!
            Hi,

            My L1B extension was denied on Jun 14th (after changing to premium). Can you pls let know if it is fine to travel on 12th day (Jun 26) or we need to travel with in 10 days ?

            Thanks & Regards,
            Gopi

            Comment


            • #7
              Originally posted by Gopirengasamy View Post
              Hi,

              My L1B extension was denied on Jun 14th (after changing to premium). Can you pls let know if it is fine to travel on 12th day (Jun 26) or we need to travel with in 10 days ?

              Thanks & Regards,
              Gopi
              A day here or there typically does not cause issues.

              This is my opinion not legal advice.

              Comment


              • #8
                Originally posted by raghvi View Post
                A day here or there typically does not cause issues.

                This is my opinion not legal advice.
                Thanks Raghavi. Can you kindly let know in my case of L1B extension denied (and I94 expired), whats the maximum days we can stay without incurring any unlawful presence or actions ?

                Thanks & Regards,
                Gopi

                Comment


                • #9
                  Originally posted by Gopirengasamy View Post
                  Thanks Raghavi. Can you kindly let know in my case of L1B extension denied (and I94 expired), whats the maximum days we can stay without incurring any unlawful presence or actions ?

                  Thanks & Regards,
                  Gopi
                  Technically 0 days. The earlier the better.

                  This is my opinion not legal advice.

                  Comment

                  {{modal[0].title}}

                  X

                  {{modal[0].content}}

                  {{promo.content}}

                  Working...
                  X