Can I apply L1 extension and New H1B at the same time with two different employers

[kantadevi1]

I currently hold a L1B with employer A and presently in US; My L1 is expired and employer A has already filed an extension. I received an RFE on L1 extension.

Now employer B wants to file a new H1B.

Please clarify on the following:

1. Can I apply a new H1B petition while my L1 extension is in progress.

2. Is there any way my current employer A came to know that I have filed a new H1B petition with employer B.

3. Once my H1 petition gets approved, will my L1 becomes cancelled/void.

4. Once the H1B is approved and I start working on H1B; Incase my L1 approval came through what will happen to my H1B?

Thanks

[kabkaba]

I currently hold a L1B with employer A and presently in US; My L1 is expired and employer A has already filed an extension. I received an RFE on L1 extension.

Now employer B wants to file a new H1B.

Please clarify on the following:

1. Can I apply a new H1B petition while my L1 extension is in progress.
Yes, for change of status part, the H1 employer will need L1 I-94 and copy of L1 extension receipt notice.
2. Is there any way my current employer A came to know that I have filed a new H1B petition with employer B.
No
3. Once my H1 petition gets approved, will my L1 becomes cancelled/void.
If approved with change of status to H1, you must quit L1 job and start working with H1 employer immediately.
4. Once the H1B is approved and I start working on H1B; Incase my L1 approval came through what will happen to my H1B?
That is a problem, since last action from USCIS is to approve L1 extension, L1 status may start.
Thanks

Best way to approach this is file H1 in premium processing and on approval quit the L1 job and ask the L1 employer to withdraw L1 petition. You should consult an attorney.

[kantadevi1]

Thanks for the valuable informattion.

Can you please also let me know

1. Lets say I apply for H1B on premium processing in parellal to L1 B extension. Incase my H1B gets rejected what will happen to my current L1 extension petition.

2. If H1B gets approved, Do I need to go out of country and come back Or I can do status change over here while in US. Also If i need to go out of country do I need to go to my home country or I can go anywhere and come back.

3. Once I start working on H1B and incase my current employer didn't withdraw L1 extension petition. Once the L1 petition approves I will be back to L1B status. Do I again leave the country and come back or I can again apply status change while in the US.

Thanks
Kanta

[shervin143]

1. Lets say I apply for H1B on premium processing in parellal to L1 B extension. Incase my H1B gets rejected what will happen to my current L1 extension petition.
>>> Nothing. H1B rejection wil not have any impact on your L1 extension. Each petition will be processed individually.

2. If H1B gets approved, Do I need to go out of country and come back Or I can do status change over here while in US. Also If i need to go out of country do I need to go to my home country or I can go anywhere and come back.
>>> If H1B is applied as a COS from L1 then your status will automatically chnage to H1B upon approval starting the H1B effective date (If H1B approval comes with a new I-94).

3. Once I start working on H1B and incase my current employer didn't withdraw L1 extension petition. Once the L1 petition approves I will be back to L1B status. Do I again leave the country and come back or I can again apply status change while in the US.
>>> If L1 extension gets approved after your H1B approval, your status will chnage to L1B. You will have to immediately leave the country and return back on H1B visa. Otherwise you will go out of status on L1 status.

[kantadevi1]

Thanks a lot for the quick response.

2. If H1B gets approved, Do I need to go out of country and come back Or I can do status change over here while in US. Also If i need to go out of country do I need to go to my home country or I can go anywhere and come back.
>>> If H1B is applied as a COS from L1 then your status will automatically chnage to H1B upon approval starting the H1B effective date (If H1B approval comes with a new I-94).

Is this true even if my current L1 is already expired and extension is still not approved?

3. Once I start working on H1B and incase my current employer didn't withdraw L1 extension petition. Once the L1 petition approves I will be back to L1B status. Do I again leave the country and come back or I can again apply status change while in the US.
>>> If L1 extension gets approved after your H1B approval, your status will chnage to L1B. You will have to immediately leave the country and return back on H1B visa. Otherwise you will go out of status on L1 status.

This is required bacasue I want to continue work on H1B; while my status is changed to L1 post extension approval. Do I need to go home country or I can go to canada and get the stamping done and come back.

Thanks
kanta

[shervin143]

Is this true even if my current L1 is already expired and extension is still not approved?
>>> Once H1B gets approved as a COS, your status is H1B. L1 extension has nothing to do here.

This is required bacasue I want to continue work on H1B; while my status is changed to L1 post extension approval. Do I need to go home country or I can go to canada and get the stamping done and come back.
>>> First time H1B stamping will need to be done at the home country.
https://www.immihelp.com/usa-visas/v...gcanadamexico/