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L1B to H1B -2012

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  • L1B to H1B -2012

    Hello All,

    I saw that all the members of this forum are very helpful. So I registered and this is my first post. I need help with my situation.


    My Situation:
    1. I came to USA in Sep-2009 for Company "A" on L1B
    2. My L1B Visa and I-94 will expire on 21-Apr-2012
    3. I have submitted Documents and company "A" will file for L1B extension in Apr-2012 first week
    3. Mean while Employer "B" has offered to file H1B (New) for me on 02-Apr-2012

    My Questions:
    1. What information will I need to get from Employer "A" as proof of L1B extension processing application?
    2. Will there be any conflict if both "A" and "B" file for two different Visa types for one person during same week?
    3. Do I need to travel to my home country to get stamping done if by 01-Oct-2012 my L1B extension is still not approved and my H1B (New) gets approved?
    4. Or irrespective of status of my L1B extension, can I simply change status on 01-Oct-2012 and get new I-94 for H1 B Visa and start working for employer "B"?
    5. If 4 is True - What if my L1B extension approval comes after I join Employer "B" on H1B?

    I would be grateful if some one can help/guide me with my situation.

    Regards,
    Hiral
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  • #2
    1. What information will I need to get from Employer "A" as proof of L1B extension processing application?
    >>> Copy of the L1B extension receipt notice.

    2. Will there be any conflict if both "A" and "B" file for two different Visa types for one person during same week?
    >>> Yes. Your status will change as per the last petition gets effective. Search and read about the last action rule.

    3. Do I need to travel to my home country to get stamping done if by 01-Oct-2012 my L1B extension is still not approved and my H1B (New) gets approved?
    >>> It depends on whether your H1B gets approved with a new I-94 or not. If the H1B approval comes with a new I-94 and if it becomes effective as of Oct 1st, then you can (and you should) start working for the H1B employer. Any employment with L1 employer after the H1B I-94 effective date is illegal.

    4. Or irrespective of status of my L1B extension, can I simply change status on 01-Oct-2012 and get new I-94 for H1 B Visa and start working for employer "B"?
    >>> If L1 gets effective after Oct 1st, then your status will change to L1 and your employment with the H1B employer will be illegal.

    5. If 4 is True - What if my L1B extension approval comes after I join Employer "B" on H1B?
    >>> Read answer 4.
    Not a legal advice. Use of this information is strictly at your own risk.

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