L1 extension and L1 to H1 COS parallelly before Oct 2012

[snehaLathab]

Can you please help answering the questions for my concerns below :

Currently, I am on L1 Visa with Employer A and my L1 and I-94 is getting expired by end of July 2012.
Employer B filed a Change of status(COS) L1 to H1 effective from Oct 1st 2012 and got my H1 receipt number.
Employer A also filing for my L1 extension. I have the following Clarifications:

1. My company A is filing my L1 extension, suppose if my H1 is in Pending/RFE/Hold/In-process status and is there any chance that I will get an RFE on L1 extension referring the H1 application . Is there any chance that my employer A would be notified/come to know this H1 applied through Employer B.

2. Suppose if H1B is declined before my L1 visa expiry, does my current L1 status become void?
Basically I want to know any impact on my L1 Visa if H1 declined or went to RFE before L1 Visa expiry.

3. Suppose If my H1 is approved before Oct 1st then I need to leave my current company A and have to Immediately switch to Employer B from October 1st,
because It is illegal to work on L1 when COS is approved. Am I correct?
After I switch to H1 from Oct 1st, by any chance if my current employer A does not withdraw L1 extn/ otherwise if L1 Extn is approved before my company A withdraw it.
Then again
A) As L1 extn is approved after H1, do I switch to L1 status again? (by that time I resigned from my current company A)
If so, How do we mitigate and maintain the H1 status?
B) Does USCIS gives me the option to choose L1 or H1? Or I end up in L1 status (H1 is void)
If I end up in L1 status I will be at risks I resigned from company A.

4.) And if at any case my L1 is denied and h1B is approved, can I still work on H1 B?

5.) If my H1b is approved and I moved to Employer B , and if my company A withdraw my L1 extension .Will it cause any issue to my H1B as L1 extension is withdrawn and will there be any illegal status after I94 expiry date?

[shervin143]

1. My company A is filing my L1 extension, suppose if my H1 is in Pending/RFE/Hold/In-process status and is there any chance that I will get an RFE on L1 extension referring the H1 application .
>>> No. They are independent of each other.

Is there any chance that my employer A would be notified/come to know this H1 applied through Employer B.
>>> Not unless you or someone tell them. There will be no notification from USCIS.

2. Suppose if H1B is declined before my L1 visa expiry, does my current L1 status become void?
>>> No.

Basically I want to know any impact on my L1 Visa if H1 declined or went to RFE before L1 Visa expiry.
>>> It will have no impact.

3. Suppose If my H1 is approved before Oct 1st then I need to leave my current company A and have to Immediately switch to Employer B from October 1st,
because It is illegal to work on L1 when COS is approved. Am I correct?
>>> This will apply only of the H1B gets approved as a COS (with a new I-94). In your case, since the L1 I-94 was expiring in July and that was the I-94 submitted while filing the H1B, the chances of the H1B getting approved for COS is very less. If the H1B was filed based on the pending L1 extension, then it could have got approved for COS (L1 extension first and the h1B filed with a copy of the current I-94 and L1 extension receipt notice). When the H1B was filed, your L1 status was expiring on July and USCIS has no indication whether the L1 extension will be filed or not. Because your L1 status doesn't extend until end of september 2012, your H1B might not get approved for COS. If the H1B gets approved for COS, then you should join the H1B sponsor as of the H1B effective date. Any employment with the L1 employer beyond the H1B effective date is illegal.

After I switch to H1 from Oct 1st, by any chance if my current employer A does not withdraw L1 extn/ otherwise if L1 Extn is approved before my company A withdraw it. Then again

A) As L1 extn is approved after H1, do I switch to L1 status again? (by that time I resigned from my current company A)
>>> Yes. Search and read about the last action rule.

If so, How do we mitigate and maintain the H1 status?
>>> Leave the country immediately and return back in H1B visa which will put you back into H1B status.

B) Does USCIS gives me the option to choose L1 or H1? Or I end up in L1 status (H1 is void)
If I end up in L1 status I will be at risks I resigned from company A.
>>> If L1 becomes effective after H1B effective date (applies only if H1B approval comes with a new I-94), then you will be in L1 status and any employment with the H1B sponsor is illegal.

4.) And if at any case my L1 is denied and h1B is approved, can I still work on H1 B?
>>> Yes, provided the H1B approval comes with a new I-94. If it gets approved for consular process, then you should leave the country, get the H1B visa stamped and return back in H1B visa to work for the H1B sponsor.

5.) If my H1b is approved and I moved to Employer B , and if my company A withdraw my L1 extension .Will it cause any issue to my H1B as L1 extension is withdrawn and will there be any illegal status after I94 expiry date?
>>> If the L1 is withdraw before Oct 1st, then your stay past the I-94 expiry date will be treated as illegal stay. Do not tell the L1 employer that you will quit until you know for sure the H1B got approved for COS.

[sidswap]

Hi snehaLathab,
I'm also in the same situation this year. May I know what happened to your case? Was H1 COS got approved?
Your information will be really helpful.


Thanks,
Sid

Can you please help answering the questions for my concerns below :

Currently, I am on L1 Visa with Employer A and my L1 and I-94 is getting expired by end of July 2012.
Employer B filed a Change of status(COS) L1 to H1 effective from Oct 1st 2012 and got my H1 receipt number.
Employer A also filing for my L1 extension. I have the following Clarifications:

1. My company A is filing my L1 extension, suppose if my H1 is in Pending/RFE/Hold/In-process status and is there any chance that I will get an RFE on L1 extension referring the H1 application . Is there any chance that my employer A would be notified/come to know this H1 applied through Employer B.

2. Suppose if H1B is declined before my L1 visa expiry, does my current L1 status become void?
Basically I want to know any impact on my L1 Visa if H1 declined or went to RFE before L1 Visa expiry.

3. Suppose If my H1 is approved before Oct 1st then I need to leave my current company A and have to Immediately switch to Employer B from October 1st,
because It is illegal to work on L1 when COS is approved. Am I correct?
After I switch to H1 from Oct 1st, by any chance if my current employer A does not withdraw L1 extn/ otherwise if L1 Extn is approved before my company A withdraw it.
Then again
A) As L1 extn is approved after H1, do I switch to L1 status again? (by that time I resigned from my current company A)
If so, How do we mitigate and maintain the H1 status?
B) Does USCIS gives me the option to choose L1 or H1? Or I end up in L1 status (H1 is void)
If I end up in L1 status I will be at risks I resigned from company A.

4.) And if at any case my L1 is denied and h1B is approved, can I still work on H1 B?

5.) If my H1b is approved and I moved to Employer B , and if my company A withdraw my L1 extension .Will it cause any issue to my H1B as L1 extension is withdrawn and will there be any illegal status after I94 expiry date?