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L1A Visa Individual extended and H1B in process which petition will be active

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  • L1A Visa Individual extended and H1B in process which petition will be active

    Hi I work for TCS in Chicago for last 4 years .

    I am in L1A visa .

    This year I applied for H1B through some company and my application selected in lottery .

    In May 28 I submitted for my 2nd extension against my L1A individual and it is approved and extended till Nov,2014.

    My H1B petetion is in RFE status.


    I came to know TCS is filling green card from this year .So I have decided to stay in TCS .

    I am going to India on Sep end and fo stamping for my L1A visa .


    Let me know how can I make sure H1B petition does not void my L1A petition.

    Because TCS may start processing of Green card any time .

    Any one have any idea let me know .

    Worst case I tell the company to withdraw my application for H1B .But they have invested some amount on me .So

    I can get resistance on that .

    Please suggest what are the options open with me .

    Regards
    Anshu

  • #2
    Originally posted by anshu1979 View Post
    Hi I work for TCS in Chicago for last 4 years .

    I am in L1A visa .

    This year I applied for H1B through some company and my application selected in lottery .

    In May 28 I submitted for my 2nd extension against my L1A individual and it is approved and extended till Nov,2014.

    My H1B petetion is in RFE status.


    I came to know TCS is filling green card from this year .So I have decided to stay in TCS .

    I am going to India on Sep end and fo stamping for my L1A visa .


    Let me know how can I make sure H1B petition does not void my L1A petition.

    Because TCS may start processing of Green card any time .

    Any one have any idea let me know .

    Worst case I tell the company to withdraw my application for H1B .But they have invested some amount on me .So

    I can get resistance on that .

    Please suggest what are the options open with me .

    Regards
    Anshu
    In order to prevent automatic COS to H1 on H1 start date one should be out of US on that date. So assuming your COS to H1 will happen on 01-Oct-2013 so its advisable to be out of US between Sep End till Oct first week. As it is you said you will be going for L1A stamping ,so its good, but you have to ensure you are out of US on the day of the COS effective date.

    Your H1 should not affect your L1A interview.

    This is my opinion not legal advice.
    Last edited by raghvi; 07-27-2013, 12:01 PM.

    Comment


    • #3
      Originally posted by anshu1979 View Post
      Hi I work for TCS in Chicago for last 4 years .

      I am in L1A visa .

      This year I applied for H1B through some company and my application selected in lottery .

      In May 28 I submitted for my 2nd extension against my L1A individual and it is approved and extended till Nov,2014.

      My H1B petetion is in RFE status.


      I came to know TCS is filling green card from this year .So I have decided to stay in TCS .

      I am going to India on Sep end and fo stamping for my L1A visa .


      Let me know how can I make sure H1B petition does not void my L1A petition.

      Because TCS may start processing of Green card any time .

      Any one have any idea let me know .

      Worst case I tell the company to withdraw my application for H1B .But they have invested some amount on me .So

      I can get resistance on that .

      Please suggest what are the options open with me .

      Regards
      Anshu

      Could you please let the readers know from where you heard that TCS is applying for green card. As far as I have heard TCS does not apply for green card. Of course, if TCS is applying for you then I would be obviously wrong. Any new information from you would be welcome.

      Comment

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