L1B to H1B with L1b extension complications

[visa2013]

Hello,

I had few queries for getting converted from L1B to H1B. My L1b visa with employer - A is expiring in Jun-2013 and my I-94 is valid till Aug-2013. My wife is also on L1B and working for same employer - A. Her I-94 is valid till first week of Oct-2013.

I am looking for COS from L1B to H1B for myself during this year's H1B cap season starting 01-Apr-2013. Based on above situation, I am looking for options
with less hiccups and less issues in the future.

1) If I file for H1b with another company - B and my current company - A also starts L1b extension processing in parallel, will this create an issue ?

2) What happens if my H1b is approved and my L1b extension is in process even in Oct-2013 ? Can i start working for company - B without bothering the
outcome of L1b extn processing with Company - A ?

3) If my L1b extension gets approved AFTER my H1b is approved, what are the implications on my legal /work status in following scenarios

a) H1b is approved in Aug 2013 and L1b extension gets approved in Sep-2013?
b) H1b is approved in Aug 2013 and L1b extension gets approved in Nov-2013 by which time i will mostly be working with employer-B ?
c) H1b is approved in Aug 2013 and L1b extension is rejected in Sep-2013 ?
d) If (c) happens , can i immediately go to L2 status on my wife's L1b and stay till Oct-2013 ?
e) H1b is approved in Aug 2013 and L1b extension is rejected in Nov-2013 by which time i will mostly be working with employer-B ?

4) If my L1b extension is approved before my H1b is approved, can i still work with company - B immediately whenever H1b is approved?

5) Generally, how much time (months) does it take for H1b processing and approval in both normal and premium processing ?

My intent is to start working on H1b for Company - B from Oct-2013 onwards irrespective of my L1b processing outcome (approve/reject) with Company - A ?
What are my best options ?

Appreciate your inputs and valuable advice. This will help me in evaluating my options. Otherwise, worst case, I will have to go back to India if my L1b
extension is rejected.

Cheers,
Somebody in need for advice

[binoca82]

If your I94 is expiring in Aug-2013, you are NOT eligible for a COS to H1, without extending L1. Because H1 starts from Oct 1 or later, so you must have L1 status upto Oct 1 at least. So, the best option for you seems to be get the L1 extended first, then apply for COS to H1. If you want to apply for 2014 H1 cap, I think it is better to do the L1 extension in premium ASAP so that you will get the decision in 15 days and by that you will have time to apply for COS to H1 before the cap gets closed. If you apply for COS to H1, without extending the L1, it will be approved for consular processing (means, you need to leave US, get H1 stamped abroad and return to US) or may get denied.

[visa2013]

Thank you Binoca for that advise. The sad part is that i dont have control on my current company A to request for premium processing for L1b extension. But i was interested to know few things though:
1) If my L1b extension gets approved AFTER my H1b is approved and i have already started working for company B on H1 from Oct-2013 then will my L1b extension status override the H1 status ?
2) If my L1b extension is REJECTED after my H1b is approved and i have already started working for company B on H1 from Oct-2013 then will the L1b extension rejection status affect me in anyway ?

[visa2013]

Hi,
Can someone please help with the below queries? Appreciate your inputs
Thanks

Thank you Binoca for that advise. The sad part is that i dont have control on my current company A to request for premium processing for L1b extension. But i was interested to know few things though:
1) If my L1b extension gets approved AFTER my H1b is approved and i have already started working for company B on H1 from Oct-2013 then will my L1b extension status override the H1 status ?
2) If my L1b extension is REJECTED after my H1b is approved and i have already started working for company B on H1 from Oct-2013 then will the L1b extension rejection status affect me in anyway ?

[raghvi]

Hi,
Can someone please help with the below queries? Appreciate your inputs
Thanks

read around about the last action rule and you should get more clarity.

This is my opinion not legal advice.

[alm]

Hi,
Can someone please help with the below queries? Appreciate your inputs
Thanks

Apply for L1 without premium in July 2013 and let it run for 2 months. You can stay in the country if your case is pending with USCIS.

Just advice. Not a legal reply.

[visa2013]

Thank you very much for your replies. I read around on the last action rule and I think I understood the following:

1) If my L1b extension gets approved AFTER my H1b is approved and i have already started working for company B on H1 from Oct-2013 then I will go back to L1b status and for me to continue working with my H1b employer I will have to do a H1 amendment.

2) If my L1b extension is REJECTED after my H1b is approved and i have already started working for company B on H1 from Oct-2013 then there are no issues.
I could continue working with my H1 employer.

Are the above 2 correct ?

Thanks

[visa2013]

Hello Folks.
Can anyone please let me know the answer for the following 2 questions

Thanks

Thank you very much for your replies. I read around on the last action rule and I think I understood the following:

1) If my L1b extension gets approved AFTER my H1b is approved and i have already started working for company B on H1 from Oct-2013 then I will go back to L1b status and for me to continue working with my H1b employer I will have to do a H1 amendment.

2) If my L1b extension is REJECTED after my H1b is approved and i have already started working for company B on H1 from Oct-2013 then there are no issues.
I could continue working with my H1 employer.

Are the above 2 correct ?

Thanks

[raghvi]

1. Yes. In that case if you are working for H1 employer you should stop and work only for L1 employer. In this case best option would be to leave US and re enter on H1 OR L1 stamp if you want to work with H1 OR L1 employer otherwise it will lead to complications during future stampings/GC processing

2. You would be out of status from the I-94 expiry date. As you were out of status your H1 COS would also be invalid. In such case best option would be to leave US and re enter on H1 OR L1 stamp if you want to work with H1 OR L1 employer.otherwise it will lead to complications during future stampings/GC processing


This is my opinion not legal advice.

[sreeL1B2H1B]

L1B to H1B COS

Hello Folks.
Can anyone please let me know the answer for the following 2 questions

Thanks

Now i have the similar situation. My L1 B Visa is getting expired by Jan 2016. I have to apply for Extension, but my H1 B got picked (from different employer) and submitted docs for RFE.
I would like to know what will happen if my L1B visa extension approved after my H1B approved.
What will happen if My L1B got rejected after my H1B approved.

To avoid the problems, can i skip the L1B extension?

[raghvi]

Now i have the similar situation. My L1 B Visa is getting expired by Jan 2016. I have to apply for Extension, but my H1 B got picked (from different employer) and submitted docs for RFE.
I would like to know what will happen if my L1B visa extension approved after my H1B approved.
What will happen if My L1B got rejected after my H1B approved.

To avoid the problems, can i skip the L1B extension?

Was H1 applied as COS ? What is the RFE for?