L1B to H1B change of status while L1B extension in RFE, please help

[Sudhish]

Hello All,

I am in a little tricky situation where I need your expertise and help. I am on a L1B visa in the US from last 3 years working for employer A, my L1B extension is in RFE and the attorney will respond to RFE by September 13th, 2018. I have applied H1B Change of Status through another employer B which is also in RFE due around the same time September 13th, 2018. I have a few questions on my situation which I need help with.

1) If my L1B gets approved before October 1st and H1B gets approved starting October 1st (which is usually the case I believe), I will be automatically on H1B status from October 1st and have to leave my job at employer A. Is that correct?

2) I am considering an option to a) work for employer A either on same L1B visa or b) transfer my H1B visa to employer A. How long does it take if I select a or b option?

3) Suppose my L1B gets approved after H1B approval, based on last action rule would I be on L1B status? Is there any kind of documentation/COS/transfer required to continue working for employer A on L1B (as my H1B for another employer was also approved but before L1B approval)?
4) Is there a way I can avoid working for employer B on H1B visa until I/employer find a project for me and start working after a few months.
Please help and thank you for your help in advance.

[Libra_14]

Hello All,

I am in a little tricky situation where I need your expertise and help. I am on a L1B visa in the US from last 3 years working for employer A, my L1B extension is in RFE and the attorney will respond to RFE by September 13th, 2018. I have applied H1B Change of Status through another employer B which is also in RFE due around the same time September 13th, 2018. I have a few questions on my situation which I need help with.

1) If my L1B gets approved before October 1st and H1B gets approved starting October 1st (which is usually the case I believe), I will be automatically on H1B status from October 1st and have to leave my job at employer A. Is that correct?

2) I am considering an option to a) work for employer A either on same L1B visa or b) transfer my H1B visa to employer A. How long does it take if I select a or b option?

3) Suppose my L1B gets approved after H1B approval, based on last action rule would I be on L1B status? Is there any kind of documentation/COS/transfer required to continue working for employer A on L1B (as my H1B for another employer was also approved but before L1B approval)?
4) Is there a way I can avoid working for employer B on H1B visa until I/employer find a project for me and start working after a few months.
Please help and thank you for your help in advance.

Not 100% sure, but you should not have filed COS, rather should have kept the H1 approval petition with you for future use.

[Sudhish]

Thanks for your reply! Did you mean that I should have applied H1 with consulate processing instead of COS?

[Libra_14]

Thanks for your reply! Did you mean that I should have applied H1 with consulate processing instead of COS?

What I know is, you could have filed petition for H1B, but COS is a different process & with your intention to continue working for your current employer - you should NOT have filed COS.

[Sudhish]

Does someone else have any thoughts/suggestions on my situation?

[Sudhish]

@Libra_14

Based on my understanding, you can file H1B visa in 2 ways - #1 is consulate processing where you have to fly outside the US and get a visa stamping done and re-enter the US on new H1B stamping which might have given me an option to work for my current employer on L1B until I find a project/client to work on H1B and #2 - COS where I won't have an option to change my status and it will automatically be changed once my H1B petition gets approved/effective. I wasn't aware of any other kind of process for H1B application.

I heard that filing through consulate processing is also risky nowadays as the visa officer might still decline my visa if I am outside the US for stamping and that might be of a bigger risk as I would be outside the US (probably on a foreign land like Canada or Mexico) and I have a lot of stuff to sell in the US so I wasn't sure if that should have been my decision and my petitioner also didn't suggest me that option.

Please let me know if you have any thoughts on that.

[Libra_14]

Based on my understanding, you can file H1B visa in 2 ways - #1 is consulate processing where you have to fly outside the US and get a visa stamping done and re-enter the US on new H1B stamping which might have given me an option to work for my current employer on L1B until I find a project/client to work on H1B and #2 - COS where I won't have an option to change my status and it will automatically be changed once my H1B petition gets approved/effective. I wasn't aware of any other kind of process for H1B application.

That's correct. For option # 2, you must have submitted application for your H1B petition (I797). Once that is approved then only you can file for COS (I539).