L1A extension and H1b Petition

[srim]

If my L1a extension gets approved after my H1b COS petition approval, what will happen to my H1b approved petition?
Additional Details:
I am currently on L1a Visa and my company will file for l1a extension next month. I now have a H1b COS petition approved which has a start date as Oct 1 2012. I am planning for a trip to India for my H1b visa stamping at the month of September or first week of cotober. If my L1a extension gets approved after my H1b petition approval , will my H1b becomes void?If yes, AT which point of time, my L1a extension will not affect my H1b.

[shervin143]

Has your H1B petition aproved for COS (with a new I-94)? If yes, then if the L1 extension gets approved after the H1B effective date (Oct 1st), then your status will change to L1 and you should be working for the L1 employer. The H1B petition will remain to be valid (Just you will not be in H1B status). But you cannot work for the H1B employer unless you leave the country, get the H1B stamped and return back in H1B visa. On the other hand, if the H1B was approved for consular process, then you can keep working for the L1 employer. Whenever you are ready to work for the H1B sponsor, you should leave the country, get the h1B visa stamped and return back in H1B visa.

[srim]

L1A extension and H1b Petition

1.Yes. My H1b is COS petition.
2.If my L1 A extension is approved after I attend H1b visa interview in India and get my H1b visa stamped, what will happen to my H1b visa? Do i need to go back to India and again for the second time and get H1b visa stamping?

[shervin143]

Your H1B visa and petition will remain valid. L1 approval will have no impact on them. However, if you enter U.S in H1B visa (which will put you in H1B status allowing you to work for the H1B employer) and then the L1 extension gets approved with a new I-94 when you are in U.S, then your status will chnage to L1 and you cannot work for the H1B sponsor anymore. Search and read about the last action rule. So it is advisable that you re-enter back in H1B visa only after the L1 petition gets approved and not when the petition is pending with USCIS.

1.Yes. My H1b is COS petition.
2.If my L1 A extension is approved after I attend H1b visa interview in India and get my H1b visa stamped, what will happen to my H1b visa? Do i need to go back to India and again for the second time and get H1b visa stamping?

[srim]

Can i attend H1b visa interview when my H1b is filed under H1b Consular Processing or do i need to apply a Change of Status H1b?
I have a L1A visa valid till Dec 2012. I am going to apply a H1b under consular processing. I am planning to attend a visa interview by the month of October in India and get my h1b visa stamped. In which visa i will reenter US ? in H1b or L1A? and If my l1a extension is applied will it affect my H1b even though if it is applied under consular processing?

[shervin143]

Can i attend H1b visa interview when my H1b is filed under H1b Consular Processing or do i need to apply a Change of Status H1b?
>>> COS or CP has nothing to do with the visa stamping. You can attend the visa stamping as long as you have a valid H1B approval notice irrespective of whether it was approved for COS or CP.

I have a L1A visa valid till Dec 2012. I am going to apply a H1b under consular processing. I am planning to attend a visa interview by the month of October in India and get my h1b visa stamped. In which visa i will reenter US ? in H1b or L1A?
>>> If you want to work for the H1B employer, then you should enter in H1B visa. If you want to work for the L1 employer, then you should enter in L1 visa. When you attend H1B visa interview, your L1 visa in the passport will most likely be cancelled.

and If my l1a extension is applied will it affect my H1b even though if it is applied under consular processing?
>>> It will not. Make sure you enter U.S in H1B visa only after you get a decision on your L1 extension.