L1B Extension and New H1B at same time - Urgent help needed

[roopam]

Currently I am in US on L1B with Company A. My L1B visa & I94 expired in the month of March 2011. My company already filed the L1 extension before my visa/I94 expiration. Now I got RFE on my file for which I need to respond in the month of August.

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

1. Is it possible to file both L1 extension and H1B at the same time?. If yes,
 What if I get H1B approval first and L1B extension approval later. Can I still use my H1b after October?
 What if I get H1B approval first and L1B/RFE extension denied later. Will my h1b withdrawn or can I still stay in US as I have H1B approval from October 2011 even after getting rejection on L1b RFE?

If Not,
Can I submit H1B right after my L1B extension case rejected?.

I have a medical reason to stay in us as my wife is 28 weeks pregnant and she should not travel hence I am looking for all possible ways to stay in USA till she deliver the baby. Please suggest me a best way to overcome my problem.

I am really conserned about my wife's situation and tensed at this point of time. Please suggest me!

[shervin143]

1. Is it possible to file both L1 extension and H1B at the same time?.
>>> Yes. H1B will need to be filed as bridge to the pending L1 petition. Search and read about the posts that talks about bridging.

If yes,
What if I get H1B approval first and L1B extension approval later. Can I still use my H1b after October?
>>> Search and read about the last action rule. If L1 gets approved after the H1B, your status will change to L1 and you can no longer work for the H1B sponsor unless you leave the country immediately and return back in H1B visa/petition.


What if I get H1B approval first and L1B/RFE extension denied later. Will my h1b withdrawn or can I still stay in US as I have H1B approval from October 2011 even after getting rejection on L1b RFE?
>>> Since H1B is filed as a bridge to the pending L1 petition, if L1 gets rejected, the bridge breaks and your H1B will get rejected too. If the H1B approval comes first and then L1 gets rejected, then you have to leave the country and return back in H1B visa. If you have filed your H1B petition before your I-94 expiry date, you won't be having this issue.

If Not,
Can I submit H1B right after my L1B extension case rejected?.
>>> You cannot file a COS. you need to have a valid I-94 to apply for a COS to H1B. However, the H1B can be filed as a consular process. If L1 gets rejected, you need to leave the country immediately. When H1B gets approved later, get it stamped and return back.

I have a medical reason to stay in us as my wife is 28 weeks pregnant and she should not travel hence I am looking for all possible ways to stay in USA till she deliver the baby. Please suggest me a best way to overcome my problem.
>>> Unfortunately there are no other options. Even if you file for a COS to B1/B2, it has to be a bridging petition. Search and read about bridging in immihelp.

I am really conserned about my wife's situation and tensed at this point of time.
>>> Consult an immigration attorney.

[roopam]

L1B Extension and New H1B at same time - Urgent help needed

Thanks so much shervin143

[roopam]

L1B Extension and New H1B at same time - Urgent help needed

Hi Shervin,
I have got one more query, please suggest me on this.

What if I get L1B/RFE Rejection first and H1B approval later (say a week later). Can i continue stay in US using my H1B approval status?

[shervin143]

If your L1 extension is rejected and then your H1B should also be rejected as there bridge has broken. If the your H1B gets approved later (after L1 rejection), then the best option is to leave the country and return back in H1B visa.

Search and read about posts that talks about bridging. Here is one.

http://www.immihelp.com/forum/showthread.php?t=46198

Hi Shervin,
I have got one more query, please suggest me on this.

What if I get L1B/RFE Rejection first and H1B approval later (say a week later). Can i continue stay in US using my H1B approval status?