L1B Extension and New H1B at same time

[kkm_iitb]

Hi,

Currently I am in US L1B with Company A. My L1B visa expired this month but my I-94 is still valid till Nov 2012. My company already filed an L1 extension and I already received an RFE on this.

Now I got another employer who is interested to file my H1B. I wanted to know the following:

1. Is it possible to file both L1 extension and H1B at the same time.
2. If answer to question 1 is Yes, then is there any way my current employer will come to know that I filed an H1B petition with another employer.

Thanks a lot in advance.

Regards
KK

[shervin143]

1. Is it possible to file both L1 extension and H1B at the same time.
>>> Yes. If you decide to do that, then search an read about the last action rule in immihelp. Working for H1B employer in L1 status or working for L1 employer in H1B status is illegal.

2. If answer to question 1 is Yes, then is there any way my current employer will come to know that I filed an H1B petition with another employer.
>>> No.

[kkm_iitb]

Thanks a lot for the information.

I have another question:

Lets say I apply H1B petition and do premium processing and it got approved.
Quextion: Will my L1 gets cancelled/Void.

Now after some time my L1 extension also gets approved. Now what will happen to my H1B. Will it be still valid?

Thanks
Kamal

[shervin143]

Lets say I apply H1B petition and do premium processing and it got approved.
Quextion: Will my L1 gets cancelled/Void.
>>> No. However if the H1B is filed as a COS from L1, then upon approval you should immediately start working for the H1B employer. Any employment with the L1 employer past the H1B approval will be illegal.

Now after some time my L1 extension also gets approved. Now what will happen to my H1B. Will it be still valid?
>>> H1B will still be valid. However, when the L1 extension gets approved, your status will change to L1 and you can no longer continue to work for the H1B employer. In such case, you will have to leave the country immediately and return back in H1B visa. The problem is, if your L1 employer doesn't inform you about the L1 extension approval, you would never know when to leave the country and return back in H1B visa making your employment with H1B employer illegal. The best option would be to withdraw the L1 petition once the H1B gets approved. You need to make sure that your L1 employer does that correctly.

[kantadevi1]

Can I apply L1 extension and New H1B at the same time with two different employers

I currently hold an L1B petition with employer A and presently in US; My L1 is expired and employer A has already filed an extension. I received an RFE on L1extension.

Now employer B wants to file a new H1B.

Can you please clarify on the following:

1. Can i apply new H1B petition while my L1 extension is in progress.
2. Is there any way my current employer A came to know that I have filed a new H1B petition with employer B.
3. Once my H1 petition gets approved, will my L1 becomes cancelled/void.
4. Once the H1B is approved and I start working on H1B; Incase my L1 approval came through what will happen to my H1B?

Thanks

[anshumanawasthi]

L1 extension and H1B from same employer

Hi

I am working on L1 since June'08 and my I94 and Visa both is going to expire on May'08. My company has approved to apply for H1 this year.

But as my i94 is expiring on May'08 I need to apply for I94 extension as well.

Can I apply for H1 as well as L1 extension at same time.

[shervin143]

I think you meant May 2011. Yes, L1 extension and H1B COS can be applied at the same time. However, your status will be as per the last received I-94. Search and read about the last action rule.

Hi

I am working on L1 since June'08 and my I94 and Visa both is going to expire on May'08. My company has approved to apply for H1 this year.

But as my i94 is expiring on May'08 I need to apply for I94 extension as well.

Can I apply for H1 as well as L1 extension at same time.

[anshumanawasthi]

L1B and H1 at same time

So if my H1 gets approved I can go back in Sept and come in Oct'2011 on my H1.


Anyways if my extension gets rejected than I have to leave in May'2011 .Please confirm

[shervin143]

On which status are you planning to stay in the country from May until September? You will need to maintain your L1 status until Oct 1st (For the time you are in U.S) to legally stay in U.S. Why don't you ask your employer to file the L1 extension right now and later file the H1B COS in the month of April. That way, if your L1 extension gets approved, you can continue to stay and work in L1 status past May. Later when yu file the H1B in the month of April, it will be effective from Oct 1st upon approval.

[anshumanawasthi]

L1 Extension and H1 at same time

Thanks for you response.I am planning to apply for extension next week.
Incase my L1 extension gets rejected but H1 gets approved .

I can go back in May 2011and come in Oct 2011. again Please confirm.

[shervin143]

Yes. You will need to get the H1B stamped and enter U.S in H1B visa.

Incase my L1 extension gets rejected but H1 gets approved .

I can go back in May 2011and come in Oct 2011. again Please confirm.

[anshumanawasthi]

L1 and H1 at sametime

Thanks for confirmation ,Appreciate your help

[thunderbird88]

H1 processing while L1 extension in progress

i have similar situation,
my L1B ( with employer-A) is in extension process
1. L1 expired in June but I94 valid till Dec-2012
2. RFE received from USCIS.
3. employer plan to reply RFE month of Dec-2011

While employer-B filing for H1B with premium processing which means USCIS decision should be received by mid of Nov-2011.

As you said above, once I get my H1 approved I can ask my Employer A to withdraw my extension process.

In this scenario-
1. if I get H1 approval while in US, do I need to go for stamping before I start working with employer-B.

2. Do you see any issue to get approval on H1 due to pending L1 RFE

3. Does USCIS required any L1 extension related information. As this will be with employer-A, so it will be difficult for me to provide it to USCIS.

Appreciate your feedback.

[shervin143]

As you said above, once I get my H1 approved I can ask my Employer A to withdraw my extension process.
>>> You can. If the L1 extension gets approved after the H1B approval, then your status will change to L1 and yuo can no longer work for the H1B employer unless you leave the country immediately and return back in H1B visa.

In this scenario-
1. if I get H1 approval while in US, do I need to go for stamping before I start working with employer-B.
>>> It depends on how the H1B petition is filed. If the H1B petition is filed as a COS, then the H1B approval will come with a new I-94 and you can start working for the H1B sponsor as of the H1B effective date and there is no need to get the H1B stamped. Yuo need to get the H1B visa stamped only when you leave the country and want to re-enter back in H1B status. However, keep in mind that you cannot be employed with the L1 employer after the H1B effective date if the H1B is filed as a COS from L1.

2. Do you see any issue to get approval on H1 due to pending L1 RFE
>>> No issues as long as you file the H1B before the I-94 expires. There will be complications due to bridging if you file the extension later based on a pending L1.

3. Does USCIS required any L1 extension related information. As this will be with employer-A, so it will be difficult for me to provide it to USCIS.
>>> You just need to provide a copy of your L1 approval notice to file the H1B as a COS from L1 and a copy of your current L1 I-94.