L1A Extension, H1 COS (?)

[kap1982]

Hi All,

I'm Currently on an L1A Visa with my Current Company A.The Visa expired on 15-Jan-2013 and is under its first Extension(after 3 Years). My Company (A) wants to apply an H1 Visa for me in case the L1A visa Extension is rejected. Meanwhile Company B has offered to file a H1 Visa for me. Based on this situation and my preference to have a H1 and get it applied in the first week of April 2013 along with my vacation plan too to India in May 2013, i have the following questions with scenarios:


1. Can two employers file H1 Visa for the same candidate? If yes, Can both these petitions be consular Processing or do they have to be a Change of Status(COS) as my L1 Visa is under extension and isn't denied yet?

2. In case my L1A Extension result comes early enough and is approved so Company A doesn't have to apply my H1 but Company B applies the H1 COS in premium category and i get my H1 Approval say by April End (Happy Situation), is it possible for me to goto India on a vacation in May 2013 and get my L1A stamped and return on L1 knowing that the H1 start date is in October 2013, or Does company B have to file for another COS?

3. In case my L1A Extension result comes early enough and is approved, would it be wise to not get the H1 COS from Company B in Premium category and thereby not have the H1 Approval before September 2013 so that i can travel india in May 2013 without worrying (?) about the status change from L1 to H1?

4.If my L1A Extension result does not come earlier than first week of April 2013, is it possible for either company A or B to apply for a H1 COS knowing my L1A Extension is pending Verdict? Or is it wiser to get the H1 Applied under Consular Processing?

Really Appreciate your expert guidance and opinions on these questions.

Thank You!

[raghvi]

Hi All,

I'm Currently on an L1A Visa with my Current Company A.The Visa expired on 15-Jan-2013 and is under its first Extension(after 3 Years). My Company (A) wants to apply an H1 Visa for me in case the L1A visa Extension is rejected. Meanwhile Company B has offered to file a H1 Visa for me. Based on this situation and my preference to have a H1 and get it applied in the first week of April 2013 along with my vacation plan too to India in May 2013, i have the following questions with scenarios:


1. Can two employers file H1 Visa for the same candidate? If yes, Can both these petitions be consular Processing or do they have to be a Change of Status(COS) as my L1 Visa is under extension and isn't denied yet?

2. In case my L1A Extension result comes early enough and is approved so Company A doesn't have to apply my H1 but Company B applies the H1 COS in premium category and i get my H1 Approval say by April End (Happy Situation), is it possible for me to goto India on a vacation in May 2013 and get my L1A stamped and return on L1 knowing that the H1 start date is in October 2013, or Does company B have to file for another COS?

3. In case my L1A Extension result comes early enough and is approved, would it be wise to not get the H1 COS from Company B in Premium category and thereby not have the H1 Approval before September 2013 so that i can travel india in May 2013 without worrying (?) about the status change from L1 to H1?

4.If my L1A Extension result does not come earlier than first week of April 2013, is it possible for either company A or B to apply for a H1 COS knowing my L1A Extension is pending Verdict? Or is it wiser to get the H1 Applied under Consular Processing?

Really Appreciate your expert guidance and opinions on these questions.

Thank You!

When is your L1A I-94 expiring?

[kap1982]

When is your L1A I-94 expiring?

My I94 Expired with my Visa on 15-Jan-2013. I'm currently here in US on my Extension Receipt #.

[raghvi]

When is your L1A I-94 expiring?

In that case unless your L1A extension is approved there is no point applying H1 as COS. I will try to answer your queries in brief because there are numerous posts which discuss situations similar as yours.

1. Again as said, even if you file COS it doesn't make sense and will most likely be approved as Consular process unless your L1A status is approved beyond 15-Jan-2013. Your H1 COS will most likely meet with an RFE with the RFE asking proof of your L1A extension approval.

2. Advisable not to have a COS and travel out of US together. This way you confuse USCIS records. You filed for an L1 to H1 COS with a particular I-94, that I-94 you returned while leaving US and when you re entered you again got a new I-94. Thereby USCIS loses track and the question of providing proof of valdi status will keep coming back.

3. Again advisable mot to mix COS and travel together.

Why not go for premium processing of L1A to avoid all this confusion? There is still good 45 days before 01-Apr-2013. If upgraded to premium your L1A decision will come before that and then you can take a call. If that is not possible would advice to file H1 as consular process if L1A decision doesnt come before 01-Apr-2013.

This is my opinion not legal advice.

[kap1982]

This Makes perfect Sense.
I will work on getting a Premium on my L1A Extension and if i can't manage to get a Premium i understand that i may have to do a Consular Processing on H1 Petitions.
Can you confirm whether two Employers can do a H1 Consular Processing on One candidate?
Ideally i don't want this scenario, but i may not be able to say No to my Current Employer from applying it when at the same time the Company B is who i really want to join but want to be with Company A till i can (i.e; till October 2013)

Again, Thanks a Lot for your prompt expert opinions and suggestions!

[raghvi]

No issues, multiple employers can file H1 for you.

You can be with the current or new employer on H1 only 01-Oct-2013 or later .

This is my opinion not legal advice.

[kap1982]

Thanks a Lot raghvi!
You are awsome!

[kap1982]

In that case unless your L1A extension is approved there is no point applying H1 as COS. I will try to answer your queries in brief because there are numerous posts which discuss situations similar as yours.

1. Again as said, even if you file COS it doesn't make sense and will most likely be approved as Consular process unless your L1A status is approved beyond 15-Jan-2013. Your H1 COS will most likely meet with an RFE with the RFE asking proof of your L1A extension approval.

2. Advisable not to have a COS and travel out of US together. This way you confuse USCIS records. You filed for an L1 to H1 COS with a particular I-94, that I-94 you returned while leaving US and when you re entered you again got a new I-94. Thereby USCIS loses track and the question of providing proof of valdi status will keep coming back.

3. Again advisable mot to mix COS and travel together.

Why not go for premium processing of L1A to avoid all this confusion? There is still good 45 days before 01-Apr-2013. If upgraded to premium your L1A decision will come before that and then you can take a call. If that is not possible would advice to file H1 as consular process if L1A decision doesnt come before 01-Apr-2013.

This is my opinion not legal advice.

Hi Seniors

So i got my L1A Extension Approval(not Stamped) on 14-Feb-2012. Now its Certain that i have to be in india on 15-May-2013 for 2-3 weeks and is really Important.
I still want to do my H1B with Employer B while i'm Still with Employer A currently.
Based on the above facts what are my best options?

Will it work of i Apply my H1B COS on 1-Apr-2013 under premium processing and get the Approval by say 30-Apr-2013 Then leave for india on 15-May-2013 and return back on the L1A Stamping?
Do I have to apply for another COS after i Come Back in June 2013?. If not, is the Approved H1 Petition rendered useless?, can i never make use of it in the future without beingn exempt from a cap?

What other option do i have?
Appreciate your Responses!

Thanks!

[kap1982]

Dear Seniors

This is kinda urgent and i have to reply to my New Employer.
Please..any suggestions would be great.
To Re-Iterate, In order for me to Travel around May 15th 2013 to india and return back to US on my L1A Extension Stamping should I:

1. Ask Employer B to apply H1 COS under premium on April 1st, so that by the time i leave US i have both L1A extension(Already Approved) and H1B approval with me and i can return back on L1A stamping and later do a COS again?

2. Let the Employer B to file H1 COS in normal category and after i return is it possible that i can update USCIS about the new I94 while the H1B petition is still pending?

3. Simply get my H1B applied under Consular Processing and get it stamped later before starting work with Employer B?. In This case..what happens if my H1B Stamping is rejected, can i still Get my L1A Stamped assuming i don't travel to india at all?

Thanks in Advance !

[kabkaba]

The COS remains valid according to some USCIS memo. But, it is better to avoid the confusion if possible.