Applying H1B while L1B extension is in progress by same employer :URGENT Please help

[pem007]

Hi,

Is it possible for a same employer to apply for a new H1b visa while L1B extension filed and it is in progress?

Both the applications are for a single person.

please help !!!

Regards
Pem

[raghvi]

Hi,

Is it possible for a same employer to apply for a new H1b visa while L1B extension filed and it is in progress?

Both the applications are for a single person.

please help !!!

Regards
Pem

Yes you can. But there are possibility of complications based on last action rule, your L1 I-94 expiry, H1 as COS or CP, same employer or different one filing H1, any travel plans in between etc. Please put in more details and ask specific questions if you have any.

This is my opinion not legal advice.

[pem007]

Applying H1B while L1B extension is in progress by same employer :URGENT Please help

thanks for your reply. here are some more details.

i94 expiry - 2/23/2014
L1B extension filed on - 2/1/2013 ( Feb 1st 2013)
H1B COS or CP -- Not sure whats the difference
Hi,

I am looking for a clarification/suggestion in applying for H1B. here is my current situation and the clarifications needed.

I entered in USA on 7/3/2011 with L1B visa valid until 2/23/2013(I94 also expired on 2/23/2014). My employer applied for L1B extension on February 1st and it is currently under Initial Review status(as of 3/11/2013). However, I am planning to request my employer to apply for new H1B in April 2013. Before I take this request to my employer, I have the below queries.

1. As my L1B extension is currently ongoing, Can I apply for a new H1B in April 2013 from the current/same employer who filed my L1B extension? If Yes, please list how USCIS would handle both the applications.

2. If No, at what stage I would be eligible to apply for a new H1B? I mean Can I apply once I receive L1 Extension RFE OR should wait until final decision(Approval/Denial) arrives on L1B extension from USCIS?

3. is it possible for an employer to apply for two visa's(L1B & H1B) at a time? If Yes/No please list the reason and how USCIS handle the case.

4. What is the best way/suggestion for me to apply for a H1B during this April/May 2013 i.e. 2014 quota?

5. I need to remain or come back to USA incase my L1B extension is rejected. so please suggest the options I have at this point.

Urgent..please help...please !!!!

Thanks

[raghvi]

Is your I-94 expiring on 23-Feb 2014 as mentioned by you below or already expired on 23-Feb-2013?

[pem007]

Applying H1B while L1B extension is in progress by same employer :URGENT Please help

Sorry, my I94 is already expired on 2/23/2013.

[raghvi]

In that case the situation becomes dicey.

When you apply for H1 in April 2013 the new H1 will be effective only from 01-Oct-2013 or later. So for you to remain in valid status from 23-Feb-2013 till 01-Oct-2013 you need to have L1 extension approved. So even if you apply for L1 to h1 COS in April it will most probably end up in a RFE where in USCIS will ask you to furnish approved L1 B extension proof, OR USCIS will approve your H1 as consular processing requiring you to leave US wherein the H1 will be active only after getting it stamped at a consulate outside US.

In simpler words if you dont get L1 extension approval you will have to leave US in order to get H1.

Advisable to upgrade L1 extension request to premium and respond to any RFE ASAP. By doing this you should get a decision on your L1 B much quicker (hopefully by 01-April-2013 ). In case L1B extension is approved, you are good and you can apply for L1 B to H1 B COS (Change Of Status) thereby you move to H1 status from 01-Oct-2013 or later without needing to leave US.

In case your L1B extension is rejected you would have to leave US, apply H1 B as consular processing, attend H1 visa interview at a US consulate outside US, and if approved, return to US on and around H1 start date (which will be 01-Oct-2013 or later).

This is my opinion not legal advice.

[pem007]

thank you so much...
but my employer is saying upgrade to premium processing is not an option at all and will NOT be done under any situation.

So If i get RFE and by the time i respond and get a decision, h1 quota might be over.

So Can I apply for a new H1B in april in any other way ? I mean even though I didnt get any decison on L1 extension, can i go for a new H1B this april in this situation ? because, if i wait for L1B decision h1 cap would be full

- - - Updated - - -

I oversaw your answer...sorry

So you are saying there is a way to apply for a H1B in consular processing by same employer even though my L1B extension is inprogress right?

I am okay to go back and get the stamping done before i come to USA again.

please confirm !

[raghvi]

thank you so much...
but my employer is saying upgrade to premium processing is not an option at all and will NOT be done under any situation.

So If i get RFE and by the time i respond and get a decision, h1 quota might be over.

So Can I apply for a new H1B in april in any other way ? I mean even though I didnt get any decison on L1 extension, can i go for a new H1B this april in this situation ? because, if i wait for L1B decision h1 cap would be full

- - - Updated - - -

I oversaw your answer...sorry

So you are saying there is a way to apply for a H1B in consular processing by same employer even though my L1B extension is inprogress right?

I am okay to go back and get the stamping done before i come to USA again.

please confirm !

Well premium would have reduced your out of status period (remember, in case of rejection all time spent after I-94 expiry will be considered out of status period) and allowed you to plan out your exit in case of rejection . And if approved before h1 quota opens/gets over you could have done a COS from L1 and avoided a travel outside US.But if employer is not willing there is hardly anything that you can do.

Nonetheless, you can apply H1B as consular processing and in case l1 extension is rejected leave US immediately, get H1 approved and stamped and return around H1 start date.

This is my opinion not legal advice.

[pem007]

Many Thanks for your detailed reply and patience.

I will now go to my employer and get the things move quickly.

once agian thank you so much !!!!!

[pem007]

Applying H1B while L1B extension is in progress by same employer :URGENT Please help

Hi Raghvi,

I am looking for a new employer to file my H1B as I have some issues with current employer.
considering this different employer situation, can you please clarify below.

My wife currently got H1B valid until 1/7/2014. So I would prefer staying back in USA rather than going back and come to USA.

1. Is it possible for me to continue my stay in USA assuming my H1B is approved and L1B extension is rejected? if yes, how can I do that?

2. Even if i need to leave USA, can I come back as a dependent to my Wife in H4 visa and do a COS H4 to h1 ?

please suggest the best options for me in both "Continue stay in USA" and "Leaving USA and come back " options. if L1B is rejected.

Thanks!

[raghvi]

Hi Raghvi,

I am looking for a new employer to file my H1B as I have some issues with current employer.
considering this different employer situation, can you please clarify below.

My wife currently got H1B valid until 1/7/2014. So I would prefer staying back in USA rather than going back and come to USA.

1. Is it possible for me to continue my stay in USA assuming my H1B is approved and L1B extension is rejected? if yes, how can I do that?

2. Even if i need to leave USA, can I come back as a dependent to my Wife in H4 visa and do a COS H4 to h1 ?

please suggest the best options for me in both "Continue stay in USA" and "Leaving USA and come back " options. if L1B is rejected.

Thanks!

1. No. As said earlier, unless your current status, I.e. L1 extension request is approved you won't be able to convert to H1 or H4.
2. You might be able to do that, but it will involve filing H1 as consular processing and later amending the petition as H4 to H1 COS. check with your lawyer about that possibility.

This is my opinion not legal advice.