L1 B extension and H1B filing and want to work on L1B if both approve

[sumitirving]

Hi, I need you guys advice as I could not find my question's answer yet. Please help and thanks in advance!

I am here on L1B for compnay A whcih is going to be expire in May 2017. My I94 is also upto same date. My company is going to file L1 B extension in feb or march as they started filling form and all. WHen I came from India to US in August 2016 then I had to fill $10K bond. Bond is like, when i will go back to india after serving my assignment which is upto january 18, then I have to work with my company upto 6 month after going back from USA.

Here is my question -
Question 1)
I want to file H1 with some differnt employer B and suppose my H1B comes into lottery, and luckily if L1 extension approves first and then h1 B also approves then I want to be on L1 B and want to use my H1B later on next year 2018 after completeing my bond.I would plan to come later on H1B. can it be possible?

Question 2) If question 1 's answer is possible or yes. Do I need to tell all these thing to employer B who will file my H1b.

Question 3: How should I file H1 fresh or H1 COS?. As I know, if I file COS then i have to leave my current company for sure whcih I do not want until I complete my bond.

Question 4) If question 1 's answer is possible or yes and if I will do fresh filing,do I need to go back to India for for H1 B VIsa interview, if so when? and Can I come back again on L1B if my extension approves and can use my H1 later for coming year?

Question 5) If my L1B extension rejects then I will defenitely go back to India and will wait for H1B to get approve. I will also have time to complete my bond.

Question 6) What can maximum happen, if my L1extension approve or reject and H1B approves, and I will say to my H1B employer that I do not want to work with you right now, I will work after 6-7 month, can it be case, can I work on H1b later?

[radp]

Question 1)
I want to file H1 with some differnt employer B and suppose my H1B comes into lottery, and luckily if L1 extension approves first and then h1 B also approves then I want to be on L1 B and want to use my H1B later on next year 2018 after completeing my bond.I would plan to come later on H1B. can it be possible?

Yes this is possible. you can continue working if you apply conversion on consent. meaning - you will continue to work for your current employer under L1. if you travel outside US meanwhile, you will have to specify to the immigration officer clearly that your travel is based on L1 and not H1. it is possible to hold two visas simultaneously.

Question 2) If question 1 's answer is possible or yes. Do I need to tell all these thing to employer B who will file my H1b.
That would be a grave mistake. your employer has nothing to do with your H1B application. in case you inform your employer, if your employers fires you before your H1B commencing date (date of joining with new employer), you will be asked to elave the country immediately as you are in non-transferable visa which is L1B.

Question 3: How should I file H1 fresh or H1 COS?. As I know, if I file COS then i have to leave my current company for sure whcih I do not want until I complete my bond.
H1B transfer by consent: meaning you can continue working for current employer and can use the H1B in future.

Question 4) If question 1 's answer is possible or yes and if I will do fresh filing,do I need to go back to India for for H1 B VIsa interview, if so when? and Can I come back again on L1B if my extension approves and can use my H1 later for coming year?
no need to go back to india. you can continue working. when ever you go to India next time, you can geet it sstamped. no rule that you have to leave US even after you switch company.

Question 5) If my L1B extension rejects then I will defenitely go back to India and will wait for H1B to get approve. I will also have time to complete my bond.
Most of Indian bonds do not hold good in US. maximum you might be refused with your experience letteer from your current emplooyer. better to save all your payslips and appraisal letteers which specifies your experience and salary. this is very important.

Question 6) What can maximum happen, if my L1extension approve or reject and H1B approves, and I will say to my H1B employer that I do not want to work with you right now, I will work after 6-7 month, can it be case, can I work on H1b later?
if your L1 gets rejected before H1B start date (oct 1st) then you will ahve to leave the country and re enter after oct 1st with new employer.

These are my opinion not legal suggestions
hope this helps.

[Nareshc]

Exactly Same situation Here

Could you tell me what is the decison you made

[sumitirving]

Thanks for the valuable inputs!

Thanks for the valuable inputs!