Apply for H1 while on L1

[snbh03]

I am currently on L1 visa, which expires 28 Nov 2014. I am interested in working with my current employer. But since my employer has not yet decided for L-1 extension, I plan to apply for H1 through a different employer. Assuming that H1 gets approved (Effective date will be 1st Oct 2014) and after wards my current employer files for L-1 extension, and then L-1 extension is also approved.

1) Do I have to resign current employer from 1st Oct 2014 ? And re-join after L-1 extension is effective, which I am assuming would be 29th Nov 2014 ?
2) Or if L-1 extension is granted before 1st Oct, I can continue with my current employer and forget all about H1 ?
3) My wife is also applying for H1. Does she have to apply for H4 also, along with my H1 application ?

Thanks

[raghvi]

I am currently on L1 visa, which expires 28 Nov 2014. I am interested in working with my current employer. But since my employer has not yet decided for L-1 extension, I plan to apply for H1 through a different employer. Assuming that H1 gets approved (Effective date will be 1st Oct 2014) and after wards my current employer files for L-1 extension, and then L-1 extension is also approved.

1) Do I have to resign current employer from 1st Oct 2014 ? And re-join after L-1 extension is effective, which I am assuming would be 29th Nov 2014 ?
2) Or if L-1 extension is granted before 1st Oct, I can continue with my current employer and forget all about H1 ?
3) My wife is also applying for H1. Does she have to apply for H4 also, along with my H1 application ?

Thanks

First determine if H1 will be applied as COS or as Consular Process. Assuming applied as COS (as a different will rarely agree to file it as Consular process) :

1. If COS to H1 is approved, you automatically move to H1 from COS date. Any employment with L1 employer post COS to H1 is illegal .If you want to continue working with L1 employer you would have to leave US and re enter on L1 visa.
2. Even if L1 extension is granted before 01-OCt-2014 , if H1 was filed as COS you would still automatically move to H1 on H1 start date.
Read my explanation of similar scenario at (replace L1A with L1B extension in that post) http://www.immihelp.com/forum/showth...-the-same-time
3. This can potentially complicate things if the H1 decisions dont come before 01-Oct-2014.

Technically you would end up with L1 Extension, L1 to H1 for your self, L2 to H4 for your spouse, as well as L2 to H1 for your spouse all filed simultaneously with USCIS. If all these are not filed properly or timed properly it can give rise to lot of complications and may eventually need you to travel outside US and re enter on the visa you and your spouse would want to be.

If you and your spouse can find good employers, not fly by night consultancies which offer to find a "project" for you, but genuine employers, I would suggest you file L1 to H1 as COS in premium, as well as your spouse files L2 to H1 as COS in premium, and if approved both move to respective H1 status, forgetting altogether about filing L1 extension.

This is my opinion not legal advice.

[snbh03]

Thank you so much

Thanks for your quick reply. Actually I am more interested in working for my current employer with extension of L1. Want to apply for H1 just to play safe.

1) So as I understand, after H1 approval, my L1 still remain valid for extension. Right ?
2) Assuming I have both L1 extension and H1, decide to re-enter on L1. When can I start working again for my current employer ? What is the effective date of L1 extension ? Is it the next day of my current L1 expiry ?
3) Does H4 application need to go along with H1 or can it be filed later also ?

[snbh03]

what does last action rule say in my case

Raghvi, you said -

1. If COS to H1 is approved, you automatically move to H1 from COS date. Any employment with L1 employer post COS to H1 is illegal .If you want to continue working with L1 employer you would have to leave US and re enter on L1 visa.

My doubt is -
If L1 extension is approved after H1 extension and is effective after H1 effective date, will my status not changed to L1, according to the last action rule ?

[raghvi]

Raghvi, you said -

1. If COS to H1 is approved, you automatically move to H1 from COS date. Any employment with L1 employer post COS to H1 is illegal .If you want to continue working with L1 employer you would have to leave US and re enter on L1 visa.

My doubt is -
If L1 extension is approved after H1 extension and is effective after H1 effective date, will my status not changed to L1, according to the last action rule ?

Yes possible, but on H1 effective date you should be with H1 employer if not you go out of status and it can give rise t problems in the future.

This is my opinion not legal advice.

[snbh03]

If I have both H1B COS and L1B extension, and I re-enter US on L1B, continue for 2 yrs with my L1B employer, then at the end of 5 yrs (on L1B) will I still have a year left on H1B ? Because limit of L1B is 5 yrs and H1B is 6 years. Or H1B is finished, when I choose L1B extension over H1B ?

Thanks

[raghvi]

If I have both H1B COS and L1B extension, and I re-enter US on L1B, continue for 2 yrs with my L1B employer, then at the end of 5 yrs (on L1B) will I still have a year left on H1B ? Because limit of L1B is 5 yrs and H1B is 6 years. Or H1B is finished, when I choose L1B extension over H1B ?

Thanks

When you say "re enter US on L1B" does it mean you would be attending new L1B stamping and re entering US on new L1B, OR, re entering US on existing L1B with expiry of 28-Nov-2014? If you enter US on existing L1B expiring in Nov 28 then there are chances you would be given I-94 only till 28-Nov-2014.

Assuming you are able to enter US on L1B and are allowed stay, at the end of 5 Years of stay on L1B you can still use the approved H1B to extend stay in US by another 1 Year by doing a COS to H1.

This is my opinion not legal advice.

[snbh03]

Thanks Raghvi, you are always of great help.