L1B visa extension while I have approved H1B from a different employer.

[vveer]

Hi,
I'm current on L1B visa and my I94 expires on 14OCT 2014. My parent company will apply for extension in June - July 14. Meanwhile, another employer is willing to apply for my H1B visa in March 14. My question is if I get my H1B approved, is it mandatory that I will have to start from Oct 1 2014 for new employer?
My second question is, suppose My current employer also applies for L1B extension as well in July .. will it get approved if I already got H1B from other employer approved .. . and If approved can I choose to continue to be on L1B for sometime after L1B gets extended and decide sometime later to move to new employer on H1B?
Will any of my other visa get affected ? Can I apply for H1B without COS?

Thanks

[raghvi]

Hi,
I'm current on L1B visa and my I94 expires on 14OCT 2014. My parent company will apply for extension in June - July 14. Meanwhile, another employer is willing to apply for my H1B visa in March 14. My question is if I get my H1B approved, is it mandatory that I will have to start from Oct 1 2014 for new employer?
My second question is, suppose My current employer also applies for L1B extension as well in July .. will it get approved if I already got H1B from other employer approved .. . and If approved can I choose to continue to be on L1B for sometime after L1B gets extended and decide sometime later to move to new employer on H1B?
Will any of my other visa get affected ? Can I apply for H1B without COS?

Thanks

Please post your queries in the right forum for the sake of clarity .

The H1 can be filed in two ways . As COS or Consular process.

If you file L1 to H1 as COS and if it gets approved, yes , you will have to work only with H1 employer from H1 Start date.
If you file L1 to H1 as consular processing then you can work with H1 employer only either by getting H1 stamped abroad, or filing an amendment to H1 from consular to COS and getting the amendment approved.

As your I-94 is expiring in 14-Oct-2014 if you dont do a COS to H1 before that date then you will be able to successfully do a COS to H1 only after getting L1 extension approved. OR you can leave US, get H1 stamped and re enter on H1.



This is my opinion not legal advice.