Applying for H1b while L1B extention in proress

[kiran2956]

Hi


My L1b expiring in Aug 2017 and i am having an offer from different employer for h1b, could you please state my possibilities to get h1b approval for employer B without leaving the country

1) L1B to H1B as Cos
a) in this case my Employer A generally files extension during the month of Feb last week to April first week, my L1B is ends in Aug, so if i apply H1B on premium process what will be my situation if L1B extension approved before/after H1b info come.

2) L1B to H1B consular process
a) if i apply H1B as new application and L1B extension in progress, if i want to work for H1B employer, is that ok to go back to India(home country) before October and get H1B approved , in that case i will be having extension of L1B the information which came after my H1B lottery result , then what would be my status.



Thanks in advance for helping me

Thanks
Kiran

[raghvi]

Hi


My L1b expiring in Aug 2017 and i am having an offer from different employer for h1b, could you please state my possibilities to get h1b approval for employer B without leaving the country

1) L1B to H1B as Cos
a) in this case my Employer A generally files extension during the month of Feb last week to April first week, my L1B is ends in Aug, so if i apply H1B on premium process what will be my situation if L1B extension approved before/after H1b info come.

2) L1B to H1B consular process
a) if i apply H1B as new application and L1B extension in progress, if i want to work for H1B employer, is that ok to go back to India(home country) before October and get H1B approved , in that case i will be having extension of L1B the information which came after my H1B lottery result , then what would be my status.



Thanks in advance for helping me


Thanks
Kiran

I am assuming this is fresh H1 under next year's cap.

As your I-94 is expiring in Aug 2017 and the H1 can only begin 01-Oct-2017 the challenge is how do you maintain status between Aug 2017- Oct 2017. A pending L1 extension, an approved H1 , neither is a valid status during this time.

There is no fool proof solution to this.

If you apply L1 Extension between Feb-April you will most likely get a response by Aug. Again, if it ends up in RFE then it can take longer. If you want to ensure a faster response, apply L1 extension in premium, but many employers dont do it for fear of receiving rejection earlier.

If you receive L1 approval after H1 start date of Oct 2017, then you would move back to L1 status and must stop working with H1 employer.

If you have L1 approval before Oct 2017 and get H1 approved as COS then you should and must join H1 employer and get from 01-Oct-2017.

This is my opinion not legal advice.

[kiran2956]

Thank you Ragvi for your response.

i came to know from my colleague that my employer may file for i-94 extension instead of L1B extention, then in that case if i get approval before Aug 19th, is it possible following things.

1) Is it ok to use COS from L1B to H1B(i will be filling H1b on premium processing) with just valid i-94 (L1B visa as usually expires on Aug 19th).

2) if yes , is it allowed to stay from Aug19th to October 1st on valid i-94 which i got on L1B status?

I am assuming this is fresh H1 under next year's cap.

As your I-94 is expiring in Aug 2017 and the H1 can only begin 01-Oct-2017 the challenge is how do you maintain status between Aug 2017- Oct 2017. A pending L1 extension, an approved H1 , neither is a valid status during this time.

There is no fool proof solution to this.

If you apply L1 Extension between Feb-April you will most likely get a response by Aug. Again, if it ends up in RFE then it can take longer. If you want to ensure a faster response, apply L1 extension in premium, but many employers dont do it for fear of receiving rejection earlier.

If you receive L1 approval after H1 start date of Oct 2017, then you would move back to L1 status and must stop working with H1 employer.

If you have L1 approval before Oct 2017 and get H1 approved as COS then you should and must join H1 employer and get from 01-Oct-2017.

This is my opinion not legal advice.

[kiran2956]

Thank you

Thank you Ragvi for your response.

i came to know from my colleague that my employer may file for i-94 extension instead of L1B extention, then in that case if i get approval before Aug 19th, is it possible following things.

1) Is it ok to use COS from L1B to H1B(i will be filling H1b on premium processing) with just valid i-94 (L1B visa as usually expires on Aug 19th).

2) if yes , is it allowed to stay from Aug19th to October 1st on valid i-94 which i got on L1B status?