H1B Processing while L1B I-94 Extension under Process

[tntguy]

Hi All,
I am currently working for company A and am on a L1B visa expiring March 2010. I applied for L1B I-94 extension under Premium Processing. USCIS has accepted my L1B extension but has returned the check for premium Processing. My immigration team has informed me that they will file for Premium once I receive my file number.

Company B is ready to apply H1B for me right now Dec 2nd -3rd week.

1) Is there going to be any problem that USCIS has returned my Premium Processing fees for L1B Extension.
2) How long is my L1B Extension going to take saying that there are no RFE's and my file was accepted 30th Nov 2009.
3) Can I apply for a H1B when my L1B extension is under process.
4) Will there be any conflict between L1B extension and H1B applications as I will be projecting myself for the same client just that Company B is a different Vendor. All the documents are going to be almost the same except the H1B and L1B specifics.
5) Can I apply for H1B Premium Processing as I don’t have a lot of time in my hands.

Any help will be appreciated, Thanks in Advance.

Thanks,
Tntguy

[shervin143]

1) Is there going to be any problem that USCIS has returned my Premium Processing fees for L1B Extension.
>>>> No.

2) How long is my L1B Extension going to take saying that there are no RFE's and my file was accepted 30th Nov 2009.
>>>> Usually 2 - 3 months.

3) Can I apply for a H1B when my L1B extension is under process.
>>>> Yes. Whichever approval comes last, your status will change to that. Read about the "last action rule" in the forum.

4) Will there be any conflict between L1B extension and H1B applications as I will be projecting myself for the same client just that Company B is a different Vendor. All the documents are going to be almost the same except the H1B and L1B specifics.
>>>> No.

5) Can I apply for H1B Premium Processing as I don’t have a lot of time in my hands.
>>>> Yes.

[tntguy]

H1B Processing while L1B I-94 Extension under Process

Hi Shervin143,
Thanks a lot for the quick response. I have a additional question. Say my H1B is approved and my status changes to H1B and then my L1B Extension comes through, does this mean that i am back to L1B status. If so what do i have to do to get back into H1B status.

Thanks,
Tntguy

[shervin143]

Say my H1B is approved and my status changes to H1B and then my L1B Extension comes through, does this mean that i am back to L1B status. If so what do i have to do to get back into H1B status.

>>>> Yes, your status will change to L1B if the L1B approval comes after your H1B approval. You can either apply for a COS to H1B or you can leave the country and re-enter in H1B visa (Provided you have a valid H1B stamping). Like mentioned earlier, read about the "last action rule" in the forum.

[tntguy]

H1B Processing while L1B I-94 Extension under Process

Hi,
Thanks again for the reply. I have gone through the Last Action Rule. My question was that if my H1B gets approved before my L1B is it a good idea to ask USCIS to cancel the request for L1B Extension.

Can i do this my self or my employer has to take the initiative of cancelling the L1B Extension.

These are 2 diffrent employers whom i am going through and i dont think that i can convince them. so is there any option that i can cancel the L1B extension my self by calling USCIS.

If not what are my options. Is it a good idea to leave the country go back to home country and get H1B stamping or can i file for COS from here. What are the approval rate for both these cases.

Say my L1B comes after my H1B my final status will be L1B, can i still work for H1B employer after filing for COS as i would have joint him as soon as my H1B is apporved as i am planning for a Premium Processing.

Once again thanks a lot for taking time to answer my questions.

Thanks,
Tntguy

[shervin143]

My question was that if my H1B gets approved before my L1B is it a good idea to ask USCIS to cancel the request for L1B Extension.
>>>> Yes.

Can i do this my self or my employer has to take the initiative of cancelling the L1B Extension.
>>>> L1B is an employer's petition and they will need to do it.

These are 2 diffrent employers whom i am going through and i dont think that i can convince them. so is there any option that i can cancel the L1B extension my self by calling USCIS.
>>>> See above answer.

If not what are my options. Is it a good idea to leave the country go back to home country and get H1B stamping or can i file for COS from here. What are the approval rate for both these cases.
>>>> COS will take time if you don't apply through premium process. Premium process will cost $1000 in addition to COS. When your status changes to L1B, you cannot work for the H1B employer unless you get your status changed back to H1B. So the best option to get back to H1B quickly is to leave the country and re-enter in H1B (Provided you already have the H1B stamped. If not, you need to get it stamped first).

Say my L1B comes after my H1B my final status will be L1B, can i still work for H1B employer after filing for COS as i would have joint him as soon as my H1B is apporved as i am planning for a Premium Processing.
>>>> Your COS need to be approved to work for the H1B employer. It is illegal to work for the H1B employer when your status is L1B.

[tntguy]

Thanks a lot for your time, your answers have really helped me to get a clear idea of the situation.

Thanks,
Tntguy