L1B visa with H1 Petition Approval and L1B extn

[dearsboa]

Please help me to take a correct decision.

I am working in Company A and got L1B on 2007. I travelled to US using L1B on Feb 2008. I have applied H1B through Company B on Mar 2008 as L1 to H1 COS and it got approved and My status got changed to H1. But due to recession, I didn't quit from Company A, so, I continued work till mid of Dec 2008 and travelled back to India and working with Company A offshore. In India, I didn't get stamped for H1B. Then I travelled to US using L1B for Company A on Mar 2010. But still I have H1B approval. Now my L1B visa is getting expired on Sep 2010 and my company is asking me to apply for L1B extension.

Please consider my case and advise me on the below doubts,

1. If I apply for L1B extension, Will it affect my H1B approval?

2. What is the right time to work with H1B for Company B and what is the procedure to change from L1 to H1? (Company B is asking me to join there.) But Still I am doubting, I dont want to move rite now. Because, I am still thinking that if something went wrong, then it will affect both L1 and H1.

Thanks,
Ajith

[shervin143]

1. If I apply for L1B extension, Will it affect my H1B approval?
>>> No. H1B will remain valid until the expiry date specified on the petition unless the employer send a notification to USCIS to revoke it.

2. What is the right time to work with H1B for Company B and what is the procedure to change from L1 to H1? (Company B is asking me to join there.) But Still I am doubting, I dont want to move rite now. Because, I am still thinking that if something went wrong, then it will affect both L1 and H1.
>>> If they have a project readily available, then you can ask them to apply for a COS from L1 to H1B. When the COS gets approved, you can start working for them. Once the COS gets approved, you can no longer work for the L1 employer. If you want to continue working on L1, then you need to leave the country and re-enter in L1 again.

[dearsboa]

Thanks a lot Shervin....

Please provide me the following clarifications...

I was working with L1 employer in US till Dec 2008 actually COS approved on Oct 08. ie., I was working with L1 Employer with H1 status of another Employer for 2.5 months (Oct, Nov and Dec) and I went to India. Now Mar 2010, I came back to US using L1.

1. If I go for L1B extension, will it create any problem?
2. or Will it create any problem in future like EAD or GC?

[shervin143]

I was working with L1 Employer with H1 status of another Employer for 2.5 months (Oct, Nov and Dec)
>>> This is illegal. You cannot work for a company with using the approval notice of another company. Your status changed to H1B effective Oct 1st. So your employment with the L1 employer after that is illegal.

1. If I go for L1B extension, will it create any problem?
>>> Hard to predict.

2. or Will it create any problem in future like EAD or GC?
>>> Hard to predict. If they look into your W2's then they would know. Hopefully it won't create any issues as you didn't continue for a longer duration.

[dearsboa]

Thanks a lot again...

My L1B is getting expired on Sep 10. Shall I apply for L1B extension and if it is questionnaire, then I can process H1B COS (Petition approved on Oct 08) on the premium processing? Is there any impact of L1B extn on H1B Petition?

Thanks,
Ajith

[shervin143]

There will be no impact on the H1B petition if your L1 extension is rejected. I would suggest you to leave the country and return back on L1 visa which will get you a L1 I-94. using that, you can apply for L1 extension later.