H1B approved and applying for L1B extension

[ramana21]

I am currently on L1 with Employer1. I have applied for H1B thru Employer2 and got a petition approved. Received an I94 which is active from Oct 1st. I have now applied for L1Ext thru Employer1. My L1B visa expired and I am on the receipt number received for L1B ext.



1.What are the potential issues I will face considering a specialized knowledge argument with one company and performing a specialty occupation with another company?
2.Will applying for L1 B extension affect the H1B petition already approved by USCIS?
3.If I get L1B ext approved will I be able to work beyond Oct 1st on L1B and change job whenever I find a job on H1B?
Please advice

[raghvi]

I am currently on L1 with Employer1. I have applied for H1B thru Employer2 and got a petition approved. Received an I94 which is active from Oct 1st. I have now applied for L1Ext thru Employer1. My L1B visa expired and I am on the receipt number received for L1B ext.



1.What are the potential issues I will face considering a specialized knowledge argument with one company and performing a specialty occupation with another company?
2.Will applying for L1 B extension affect the H1B petition already approved by USCIS?
3.If I get L1B ext approved will I be able to work beyond Oct 1st on L1B and change job whenever I find a job on H1B?
Please advice

Has your L1B I-94 already expired? If yes then unless your L1B extension is approved you would be out of status from current I-94 expiry onwards. Though the COS to H1 is approved, Status will change to H1 only if there is a valid status to change from. To change status to H-1B, you must be in valid status on September 30, 2013 which will happen only when your L1 extension is approved.

1. H1B and L1B are separate processes so there wont be much overlap in terms on USCIS decisions, but as mentioned above you got to get L1 extension approved in order to remain in a valid status.
2. Its a matter of confusion, as you should work only with H1 employer from 01-Oct-2013, and as L1B extension is approved, you should work with L1 employer from that date.
3. Some opinions will say yes you can work with l1 employer, others will say you should be working only with H1 employer post 01-Oct-2013. You can avoid the automatic move to H1 by being out of US before the COS date.

You can avoid this confusion by going out of US an re entering based on your choice. If you want to work with L1 employer get L1 stamped and re enter on L1 . You can later file a COS to H1 with any employer.
If you want to work on H1 , get H1 stamped and return on H1.

This is my opinion not legal advice.

[ramana21]

Thanks a lot Raghvi for your response. This helps me a lot.

As I understand H1B petition and COS are two separate things.. If I am not in US on 30th September.. COS tagged to my H1B petition will be stripped off. H1B petition would still be valid for the period mentioned in the approval notice..

If this is true, I have two questions:
1. If my L1ext is approved and if I am in India on Sep 30th. Can I get L1 visa stamped and enter US on L1?. Can I apply for COS later sometime to the existing H1B petition?
2. If my L1ext is denied I will have to travel back anyway. Can I get H1B visa stamped using the same petition for which COS is tagged and enter US on H1?