Risk involved in L1A to H1B conversion process IN USA

[Alexa]

I am currently on L1-A Visa with company X. Another company Y is willing to process my H1B Visa. During the H1B petition approval process if the petition for H1B is rejected, is there any chance that USCIS can also cancel the existing L1A petition?? In other words if my H1B petition is rejected by USCIS will my existing L1A Visa still be valid so that I can continue to work for company X?

[raghvi]

I am currently on L1-A Visa with company X. Another company Y is willing to process my H1B Visa. During the H1B petition approval process if the petition for H1B is rejected, is there any chance that USCIS can also cancel the existing L1A petition?? In other words if my H1B petition is rejected by USCIS will my existing L1A Visa still be valid so that I can continue to work for company X?

H1 would be an independent process so if it is rejected it wouldnt impact your L1A.

What you would need to certainly plan is that if COS to H1 is approved, you would have to move to H1 and work only for H1 employer. Post COS approval to H1 you cannot work with L1 employer unless you leave US and return on L1 visa.

This is my opinion not legal advice.

[Alexa]

H1 would be an independent process so if it is rejected it wouldnt impact your L1A.


What you would need to certainly plan is that if COS to H1 is approved, you would have to move to H1 and work only for H1 employer. Post COS approval to H1 you cannot work with L1 employer unless you leave US and return on L1 visa.

This is my opinion not legal advice.

Thank You Raghvi for your prompt reply. Yes, I am aware of the fact that if my H1 is approved I can no longer work with Company X which holds my L1A visa. I have to work for the company which holds my H1B Visa.

As you said that L1A to H1B would be an independent process so there is zero risk of my present L1A cancellation if H1B petition is rejected. So basically the L1A conversion to H1B is a COS which the uscis may or may not approve.Am I correct?