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L1 Extension & new H1 at same time

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  • L1 Extension & new H1 at same time

    Background :
    I am working in Indian IT MNC and Presently I am deputed in USA on L1B visa. This L1B visa is going to be expire on 31st August 2012. My present employer is going to apply for my L1B extension somewhere in 1stweek of August 2012.
    I am also in touch with another different employer who is ready to file my H1 visa on 1st June 2012.

    Question :
    The L1B extension application form has one column like “List any/all other filings filed on your behalf and currently pending at present” where the expected answer is Yes or No. Here the problem starts. If I say YES then I need to give my H1 application details and in that case my present employer will come to know that I already applied for H1 and he will not like it and he will ask me to go back to India. In short, there are chances that I can lose my present job. If I mention NO in this application form, then it is not good with USCIS because USCIS can easily track all my pending visa applications easily and they will not like it as I have given a FALSE information to them. In this case, I feel that, it might have some negative impacts on my L1 extension or H1 application. (pl. correct me if I am wrong)
    You are requested to please guide me in this situation.
    Even if I get H1 visa before L1 extension process, I can start my new job only from 1st Oct. 2012 whereas my I-94 & present L1 visa expires on 31st August 2012. In this case,I can stay in USA only if my L1 extension is in progress. In this way, I can stay in USA during September month based on this L1 extension case and then from 1st Oct, I can start new job on H1.
    Please correct me if I am thinking in wrong direction.

  • #2
    First of all it is not advisable to file multiple petitions for different status at the same time. It will create all sorts of status confusions. There is enough posts that explains the complication in doing so. Search and read them. Also, search and read about the last action rule.

    If you are still planning to go ahead with your plan of filing multiple petitions for different status at the same time, then file the L1 first and then the H1B which will solve your issue. There is no point in waiting until the last minute to file the L1 extension. When is your L1 I-94 expiring?
    Not a legal advice. Use of this information is strictly at your own risk.