Can H1B be applied while L1B extension is underway

[anupi]

I am working for Company A and my L1B is going to expire in June 2013. I am working with my company's visa team to get my L1B extension filed. I am hoping to get it applied sometime in next 2 weeks.
Once applied (in premium processing) there are 3 outcomes
1. Extension is approved in 2 weeks - solves all the problems
2. Extension is rejected in 2 weeks - at least will know the outcome and will have to return to India in June 2013
3. RFE is received on my application - this actually recently happened with one of my colleagues and he finally got a rejection after 2.5 months.

Now in case of scenario 3, once the H1B quota opens in April
1. Can same company A apply for my H1B (new H1B)
2. Can any other company apply for my H1B (new H1B)

Let us say in my case also if the L1B extension is rejected by June/July 2013 and my H1B (which was applied in April) gets approved in April/May, what happens to my approved H1B ? Does it remain valid ?
Do I have to wait till I get a result on my L1B extension and then only apply for H1B?
Considering I dont want to travel back to India and come back to the US in October (after H1B is effective), what are my options and how should I time applying for L1B extension or H1B ?

I am thinking of another way please confirm if the following scenario is even workable?
Company A applies for L1B extension in May and let us say I get RFE. In the meantime, company A or some other company applies for my H1B in April in premium processing and gets approved in April (worst case start of May). After RFE we have 90 days to respond. Company A replies to RFE by end of August and I then travel to India, get my H1B stamped and come back in late September or October 1st. If my L1B extension later gets rejected does it have any effect or once I am back can Company A revoke my L1B extension application ? I want to minimize my stay out of US as much as possible. Instead of June to October is there any other option that will help me achieve this ?

Thanks,

[raghvi]

I am working for Company A and my L1B is going to expire in June 2013. I am working with my company's visa team to get my L1B extension filed. I am hoping to get it applied sometime in next 2 weeks.
Once applied (in premium processing) there are 3 outcomes
1. Extension is approved in 2 weeks - solves all the problems
2. Extension is rejected in 2 weeks - at least will know the outcome and will have to return to India in June 2013
3. RFE is received on my application - this actually recently happened with one of my colleagues and he finally got a rejection after 2.5 months.

Now in case of scenario 3, once the H1B quota opens in April
1. Can same company A apply for my H1B (new H1B)
2. Can any other company apply for my H1B (new H1B)

Let us say in my case also if the L1B extension is rejected by June/July 2013 and my H1B (which was applied in April) gets approved in April/May, what happens to my approved H1B ? Does it remain valid ?
Do I have to wait till I get a result on my L1B extension and then only apply for H1B?
Considering I dont want to travel back to India and come back to the US in October (after H1B is effective), what are my options and how should I time applying for L1B extension or H1B ?

I am thinking of another way please confirm if the following scenario is even workable?
Company A applies for L1B extension in May and let us say I get RFE. In the meantime, company A or some other company applies for my H1B in April in premium processing and gets approved in April (worst case start of May). After RFE we have 90 days to respond. Company A replies to RFE by end of August and I then travel to India, get my H1B stamped and come back in late September or October 1st. If my L1B extension later gets rejected does it have any effect or once I am back can Company A revoke my L1B extension application ? I want to minimize my stay out of US as much as possible. Instead of June to October is there any other option that will help me achieve this ?

Thanks,

Assumign your I-94 is also expiring in June 2013:

1. Current or future employer can apply for H1B for you. Though you dont have to wait for L1 extension approval, your COS might not be valid unless the L1 extension is approved.
2. If you dont want to travel then only option is to get a successful L1 extension approval which of course is not entirely in your hands but in th emerits of your L1 case.

Your H1 B even if applied in premium and approved becomes valid only from 01-Oct-2013. So in order to be in a valid status from June till Oct you should have an approved L1 extension. The complication that happens is that you end up having two petitions filed with USCIS with no way of knowing which gets approved last.


Since you are applying L1 extension in premium you should be able to get a decision before 01-Oct-2013 (make sure you respond to RFEs as soon as you receive them ). Its generally recommended in such scenarios to apply H1 in consular processing, and if L1 extension is rejected to go out of US and get H1 stamped and return on H1 around 01-Oct-2013. If L1 extension is approved, to convert H1 consular processing to COS. The bigger challenges :
1.To convince the employer to file H1 as consular processing.
2. To be prepared to leave US immediately in case of L1 rejection and finally
3. To overcome the fear of rejection while going for H1 interview. If the job and company are genuine then H1 stamping should not be worrying to anyone.

This is my opinion not legal advice.