Urgent - Can I apply L1 extn while H-1b processing by same employer

[SVS]

I am on L-1B Visa and it expires on 15-Sep-2011. My employer applied a new H-1B visa (NOT L to H) on 01-August-2011, since my visa expires on 15-Sep-2011 my employer is going to apply L-1B extension by next week. I have few queries, please clarify.

1) Can we apply both H-1B and L-1B Extension visas at same time for same employer ?

2) If I get H-1B approval before L-1B ext approval what should i do ?

3) If I get L-1B extension approval after H-1B approval what would be my status and can i continue my work here on L-1B ? If i continue with L-1B after approval then what would happen to my H-1B visa ?

4) If I get both L-1B and H-1B then can i change my visa from L-1B to H-1B here itself ?

5) My employer also planning to apply H-1B Premium process. Please advice on this.

Thanks
SVS

[kabkaba]

Where are you located right now? When is your I-94 expiring?

[SVS]

Thanks for your reply.
Now I am working in Memphis, Tennessee. My i-94 expires on 15-Sep-2011.

[kabkaba]

Since your current status expires on Sep 15 and if H1 is filed under fresh cap it will start on Oct 1, it is highly likely that H1 will not be approved with change of status. If that happens your stay after I-94 will be illegal.
If L1 extension is applied before I-94, however you can stay in the US and work. There is no problem in having two petition at the same time. The one that gets approved last will determine your status.

[SVS]

Thanks for your reply. Could you please clarify the below queries.

1 ) If i continue with L-1B after L1 extn approval then what would happen to my H-1B visa ?

2) If I get H-1b approval before L1 extn approval should i leave from US for H1 visa Stamping ?

2) If I get both L-1B and H-1B then can i change my status from L-1B to H-1B here itself ?

Thanks
SVS

[kabkaba]

Thanks for your reply. Could you please clarify the below queries.

1 ) If i continue with L-1B after L1 extn approval then what would happen to my H-1B visa ?
The H1 petition will stay valid and you will not need to undergo annual cap until you use up 6 years in H1 or L1 status.
2) If I get H-1b approval before L1 extn approval should i leave from US for H1 visa Stamping ?
You don't have to leave the US if L1 extension is filed before I-94 expiry. Whenever you leave, you will need to obtain the Visa of appropriate class using corresponding petition.
2) If I get both L-1B and H-1B then can i change my status from L-1B to H-1B here itself ?
Yes, the employer will have to file amendment.
Thanks
SVS

The matter is complicated. Which status do you or your employer want? If you have dependents that makes it further complicated too.

[SVS]

Thanks for your prompt reply. Today my employer has filed my L1 extn.
My employer wants to continue my work with either L1 or H1 but i want H1.
Yes, my wife and my kid are staying with me.

Please let me know which matter is complicated.

[shervin143]

Search and read about the last action rule. Your status will change to whichever petition that becomes effective last and if your wife and kids are also not in that status, then they will be considered out of status.

Thanks for your prompt reply. Today my employer has filed my L1 extn.
My employer wants to continue my work with either L1 or H1 but i want H1.
Yes, my wife and my kid are staying with me.

Please let me know which matter is complicated.

[SVS]

Thanks for your help.