L1 B Extension while H1 in process

[gagan120]

Hi I am working with an MNC and here in US on L1b , my l1b is getting expire next month and my employer is in process of filing an extension for the same.

However i have another H1 b visa request in progress from Employer -B which is awaiting responce from USCIS. following are my questions:
1) Is it possible to continue working for Employer -1 on L1 even if H1 b has been approved ?
2) Do I get any time duration in between changing from Employer 1 ( L1 )to Employer2 H1 or will the status immidetily change on its own ? Can i continue to work for Employer -1 (L1) untill 30 days -- my notice period ?
3) Does applying for L1b impact my H1B proccing or vice versa?
3) 4) If i choose to continue working on L1B and not join H1b , what is the correct procedure to do that .. please consider that my L1 b is expiring next month?
5) Is there a way to get my I94 extension done if my visa is expiring and i am planning to file L1B extension?

Please reply back urgently ..


Thanks
newcomer

[raghvi]

Hi I am working with an MNC and here in US on L1b , my l1b is getting expire next month and my employer is in process of filing an extension for the same.

However i have another H1 b visa request in progress from Employer -B which is awaiting responce from USCIS. following are my questions:
1) Is it possible to continue working for Employer -1 on L1 even if H1 b has been approved ?
2) Do I get any time duration in between changing from Employer 1 ( L1 )to Employer2 H1 or will the status immidetily change on its own ? Can i continue to work for Employer -1 (L1) untill 30 days -- my notice period ?
3) Does applying for L1b impact my H1B proccing or vice versa?
3) 4) If i choose to continue working on L1B and not join H1b , what is the correct procedure to do that .. please consider that my L1 b is expiring next month?
5) Is there a way to get my I94 extension done if my visa is expiring and i am planning to file L1B extension?

Please reply back urgently ..


Thanks
newcomer

1. No if it was filed as L1 to H1 was filed as COS. Yes if L1 to H1 was filed as Consular processing but if it was filed as consula rprocessign then you can get onto H1 only after getting H1 stamping done or filing H1 amendment.
2. USCIS doesnt allow any such duration, you have to switch over immediately. Weekends and holidays are not counted.
3. No both are independent petitions.
4. First thing would be to file L1 extension under premium if I-94 expiring soon. Or Else, leave US and re enter on new L1 stampign after L1 expiry.
5. L1B extension itself means I-94 extension request. Without filing L1 extension or a COS to another status you cannot extend your I-94.

This is my opinion not legal advice.

[gagan120]

reply

Thanks for replying .. i have some more questions ..

1. No if it was filed ascould be a L1 to H1 was filed as COS. Yes if L1 to H1 was filed as Consular processing but if it was filed as consula rprocessign then you can get onto H1 only after getting H1 stamping done or filing H1 amendment.
2. USCIS doesnt allow any such duration, you have to switch over immediately. Weekends and holidays are not counted.
----- the Notice period needs to be served , If i give the early notice , What will be my status untill i get the H1b Approval ?
-----In case i leave Employer A and wait till H1b is approved, what will be my status after i94 expire ?
-----Does filing for L1 b extension have an impact on h1b currently in process, since its a COS case ?
3. No both are independent petitions.
4. First thing would be to file L1 extension under premium if I-94 expiring soon. Or Else, leave US and re enter on new L1 stampign after L1 expiry.
---- how will i be able to reenter when L1 B is going to expire soon. What will happen to H1b in this case , can it be used later?
5. L1B extension itself means I-94 extension request. Without filing L1 extension or a COS to another status you cannot extend your I-94.

[gagan120]

looking for replys ....

Thanks for replying .. i have some more questions ..

1. No if it was filed ascould be a L1 to H1 was filed as COS. Yes if L1 to H1 was filed as Consular processing but if it was filed as consula rprocessign then you can get onto H1 only after getting H1 stamping done or filing H1 amendment.
2. USCIS doesnt allow any such duration, you have to switch over immediately. Weekends and holidays are not counted.
----- the Notice period needs to be served , If i give the early notice , What will be my status untill i get the H1b Approval ?
-----In case i leave Employer A and wait till H1b is approved, what will be my status after i94 expire ?
-----Does filing for L1 b extension have an impact on h1b currently in process, since its a COS case ?
3. No both are independent petitions.
4. First thing would be to file L1 extension under premium if I-94 expiring soon. Or Else, leave US and re enter on new L1 stampign after L1 expiry.
---- how will i be able to reenter when L1 B is going to expire soon. What will happen to H1b in this case , can it be used later?
5. L1B extension itself means I-94 extension request. Without filing L1 extension or a COS to another status you cannot extend your I-94.[/QUOTE]

newcomer