Applying H1B by new employer while L1B extension is in progress by current employer..

[immiqvd]

Hi,
Currently I am on L1B visa which is already expired on 1st week of Oct 2011. My current employer already filed for an extension on end of Jul 11 and USCIS sent a notice for RFE on end of Sep 11. In the meantime I found an US employer who can offer me a job and sponsor my H1B visa. I would like to discuss the possible issues on getting a H1B visa on the current situation. Basically I would like to know the options of changing my status to H1 without exiting the country and clashing with L1B extension process.

Based on discussion with some Attorneys below are the options.

Option# 1: My new employer can apply for H1B/Premium with change of status, so that H1B approval/Status change to H1B can be obtained faster and I will be eligible to work on H1B for the new employer. After that I can resign from the current company and advice them to stop/withdraw the L1B extension process.

[B][U]Question on the above option: In case, failure of stopping the L1B extension process by my current employer OR approval of L1B prior to H1B approval, may end up me having L1B status! In that case what will be the better option to switch to H1B status without exiting the country?

Option# 2: My new employer can apply for H1B/Premium for consulate processing, so that H1B approval can be obtained faster.

[B][U]Question on the above option: Then i can wait till USCIS make a decision on my L1B extension. Once decision on L1B extension is made (approval/denial) by USCIS, my new employer can amend the approved H1B work permit for change of status under premium category. Once it is approved shall I be able to work on H1 B for the new employer without exiting the country?

Please advice.

[shervin143]

Do consult a good immigration attorney. Since your I-94 has already expired, the only option for you to file an H1B is as a bridge petition based on your pending L1 extension. When a petition is filed as a bridge, all the petitions in the bridge should get approved. If L1 extension gets denied, then H1B will also be denied. If H1B is approved in premium processing and it gets approved with a new I-94 and later the L1 extension gets denied, then the bridge has broken and you are not eligible to work for the H1B employer, unless you leave the country and return back in H1B visa and H1B petition, which will get you a new I-94 at the POE. If you do this, you should make sure you return all the I-94 when you leave the country (including the ones that comes with the approval notice).

Instead fo complicating things, it is advisable to wait until the L1 extension gets through and then file the COS to H1B.

Search and read about the posts that discussed about "Bridging" in detail. There are some very old posts that has more details.

[immiqvd]

Applying H1B by new employer while L1B extension is in progress by current employer..

Hi Shervin,

Thanks for your reply.

Since my VISA/I-94 is already expired, I have to file my H1B under bridging. Bridging happens when I submit my H1B papers with my L1B extension receipt which is the evidence for my lawful stay in US. Is my understanding correct?

Even I file my H1B under premium processing with COS and it gets approved. Then later my L1B extension denial is making me inelgible to work for the H1B employer. Can that be avoided by stopping/withdrawing my L1B extension process?

Thanks again.

[immiqvd]

Applying H1B by new employer while L1B extension is in progress by current employer.

Shervin,

I have one more Q.

What happens if my H1B premium COS is denied? L1B extension will also be denied, so I lose both L1B/H1B Status?

Please advise.

[shervin143]

Since my VISA/I-94 is already expired, I have to file my H1B under bridging. Bridging happens when I submit my H1B papers with my L1B extension receipt which is the evidence for my lawful stay in US. Is my understanding correct?
>>> Correct. Your presence in U.S will become lawful only if the extension is approved. If it is denied, then the time spend in U.S after the I-94 expiry date will be considered as illegal stay.

Even I file my H1B under premium processing with COS and it gets approved. Then later my L1B extension denial is making me inelgible to work for the H1B employer. Can that be avoided by stopping/withdrawing my L1B extension process?
>>> No. If you do that, then the time period from the I-94 expiry date until the H1B petition is filed will be considered as illegal stay (Since you do not have an I-94 that gives you authority to stay and work for that period) and when you are illegal a COS is not possible.

[shervin143]

No. Denial of H1B COS will not impact the L1 extension. Denial of any later petitions in the bridging queue will not impact the previous one. But of the previous ones are denied, then the bridge breaks and so the later ones are no longer valid.

Shervin,

I have one more Q.

What happens if my H1B premium COS is denied? L1B extension will also be denied, so I lose both L1B/H1B Status?

Please advise.

[immiqvd]

Applying H1B by new employer while L1B extension is in progress by current employer..

Thanks a lot shervin143.

In that case shall I apply H1B/Premium for consulate processing while in USA? So that, I can avoid creating a bridge, I can get it approved in quicker time. Then once USCIS make the decision on my L1B extension I can work that accordingly?
i.e.
In case of L1B/extn approved, I can file a COS with new valid I-94 (OR)
In case of L1B/extn denial, I can exit the country get it stamped and enter into USA with valid H1 status.

Please advice.

[shervin143]

Yes, that will work.

Thanks a lot shervin143.

In that case shall I apply H1B/Premium for consulate processing while in USA? So that, I can avoid creating a bridge, I can get it approved in quicker time. Then once USCIS make the decision on my L1B extension I can work that accordingly?
i.e.
In case of L1B/extn approved, I can file a COS with new valid I-94 (OR)
In case of L1B/extn denial, I can exit the country get it stamped and enter into USA with valid H1 status.

Please advice.

[immiqvd]

Applying H1B by new employer while L1B extension is in progress by current employer.

Thanks a lot for your quick response Shervin... It really helps.....