Urgent Suggestion need for L1B &H1B Approvals Same Month

[vijam99]

Currently I am in US on L1B with Company A. My L1B visa & I94 expired in the month of March 2021. My company filed the L1 extension before my visa/I94 expiration. Got RFE on my file for which company has responded in the month of September and it go approved under premium on 9/13/201

while l1B in process , I got offer from another employer who filed my H1B for FY22 with Change of Status and petition got approved on 9/7/2021 .

I wanted to know the following:

1) According to company A with last action rule currently I'm under L1B and According to Company B I'm under H1B post October. In between Company A has completed I-9 verify. So which Status currently I'm belongs to.

L1B petition dates from 2/18/2021 to 2/17/2023

H1B Petition dates from 10/1/2021 to 5/4/2024

2) What will happen to My H1B petition according to last action rule is applied on my case . As I'm in USA can I switch to H1B employer with out any further process now or do i need to apply COS or got out of Country for Stamping and come with H1B , if So any risk involved at stamping time as i haven't joined H1B employee 10/1 and no proof of pay stubs.

3) If I decide to continue on l1B and didn't join h1b employer any time and can Company A file h1B again in FY23 , if so will that be subject to CAP or Exempt as i already posse H1B.

Thanks In Advance
ES

[rkk09]

Hi Member,
Please see my response below.

1) According to company A with last action rule currently I'm under L1B and According to Company B I'm under H1B post October. In between Company A has completed I-9 verify. So which Status currently I'm belongs to.
Answer: I hope your H1B petitioner was filing H1B petition under change of status and H1B got approved with only change of status. If so, your current status is H1B only. You are no longer be on L1. So you are in the situation to join H1B Employer immediately.

2) What will happen to My H1B petition according to last action rule is applied on my case . As I'm in USA can I switch to H1B employer with out any further process now or do i need to apply COS or got out of Country for Stamping and come with H1B , if So any risk involved at stamping time as i haven't joined H1B employee 10/1 and no proof of pay stubs.
Answer: If your H1B got approved along with change of status, as I mentioned above, you will need to immediately join H1B Employer. If your H1B got approved with consular processing then you will need to leave country, get visa stamped on H1B then come back to the country in order to start working on H1B status. H1B change of status not required a visa stamping unless you leave the country.

3) If I decide to continue on l1B and didn't join h1b employer any time and can Company A file h1B again in FY23 , if so will that be subject to CAP or Exempt as i already posse H1B.
Answer: You can not just ignore H1B Employment for now as your petition was approved along with change of status. If you want to continue on L1, again you will have to file L1 petition.
Thanks