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H1 and L1 Extension filed at the same time

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  • H1 and L1 Extension filed at the same time

    Hi,

    My case status is as follows:
    1) I am in US right now
    2) My L1 expired on Jan 27, we have filed for extension for both me and my wife
    3) My employer is applying for an H1 for me by this or next week.
    4) The H1 will be applied based on my current project documents (client letters etc.)

    My questions are below:
    A) What if my L1 extension is denied and then I have to go back to India, would it mean that my H1 petition is void because the address on the petition would be a US address?
    B) What if I am not able to stay in this project (because of moving to offshore), does the H1 application get void because of that as the project documents might not be valid then?
    C) Is it legal and OK to apply for fresh H1 and L1 extension at the same time? Do the petitions affect each other, please note that since I am applying for H1 in non premium, this petition might take a lot longer to get decided.

    Thanks a lot for reading this longish post and I look forward to your replies!
    Ram

  • #2
    A) What if my L1 extension is denied and then I have to go back to India, would it mean that my H1 petition is void because the address on the petition would be a US address?
    >>> No. The H1B will get processed for consular process.

    B) What if I am not able to stay in this project (because of moving to offshore), does the H1 application get void because of that as the project documents might not be valid then?
    >>> The project documentation that your employer has submitted is not for your current project. It is for what you will be doing as of Oct 1st if the H1B petition gets approved.

    C) Is it legal and OK to apply for fresh H1 and L1 extension at the same time? Do the petitions affect each other, please note that since I am applying for H1 in non premium, this petition might take a lot longer to get decided.
    >>> Only issue is if your L1 gets effective after the H1B. Search and read about the last action rule. Your status will change as per the last petition that gets effective.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks a lot shervin143! The question I had in B was that I am supposed to work in this project in Oct 2012, but what if because of L1 denial I have to move to India and then I get removed from the project? The documentation is with correct intent.

      Also, I have spent only about 2 years of my alloted three in the initial L1, does it mean that I have a better chance of extension approval because of recapture rule or something?

      Comment


      • #4
        Thanks a lot shervin143! The question I had in B was that I am supposed to work in this project in Oct 2012, but what if because of L1 denial I have to move to India and then I get removed from the project? The documentation is with correct intent.
        >>> Once H1B gets approved and if your work location / client changes later before yoru actual h1B effective date, then the employer will need to file a new LCA and amend the H1B petition for the new work location / client. Check the below link.
        https://www.immihelp.com/h1b-petition-amendment/


        Also, I have spent only about 2 years of my alloted three in the initial L1, does it mean that I have a better chance of extension approval because of recapture rule or something?
        >>> It doesn't work that way. L1 in total is for 5 years. Unless the employer submits enough proof (documents) about the project / project duration and your specialized skills that are important for the project, then extension will not get approved.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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