L1B extension approval not come yet and want to apply for H1B

[virat]

Hello,

My I-94 has expired and have applied for L1B extension. I am still awaiting result of approval or rejection. I am currently in India though (returned back).

My Questions :

1. I have not cancelled my L1B extension petition yet. But can I still apply for H1B from another employer?
2. If yes, let say my L1B extension petition gets rejected, will it affect H1B application process?
3. If my L1B extension petition gets approved, will it affect H1B application process?
4. Being in India now, what is the procedure to apply or persuade for H1B Visa and employer? Is there any resource or URL which explains this?
5. Any other points/information I should take care of?


Thanks,

Virat

[raghvi]

Hello,

My I-94 has expired and have applied for L1B extension. I am still awaiting result of approval or rejection. I am currently in India though (returned back).

My Questions :

1. I have not cancelled my L1B extension petition yet. But can I still apply for H1B from another employer?
2. If yes, let say my L1B extension petition gets rejected, will it affect H1B application process?
3. If my L1B extension petition gets approved, will it affect H1B application process?
4. Being in India now, what is the procedure to apply or persuade for H1B Visa and employer? Is there any resource or URL which explains this?
5. Any other points/information I should take care of?


Thanks,

Virat

Is it L1B Blanket or Individual? Once you leave US and your visa has expired in passport, extension rarely matter, its as good as abandoned. Technically if it is a L1B Blanket with indefinite petition validity, you can schedule and attend a fresh L1 interview and travel if the L1 is approved.

1. Yes you can , but if it is a fresh H1 you have to wait till April 2014 to apply and the start date of the H1 can only be 01-OCt-2014 or later.
2. No. They are independent of each other.
3. No. You will go for a new L1 stamping. Yes, if both L1 and H1 petitions are approved, you will have to decide whether you want to go for L1 stamping or H1.
4. Search for an employer in US. And if they are willing they can sponsor and H1 for you in April 2014. https://www.immihelp.com/h1b-petition-documents/
5. L1 rejection rates are still high, so decide on the basis of your documentation strengths. Also, L1B can be for a max of 5 Year so if approved and if you haven't spent 1 Year outside US you would get new L1 for 5 Minus years already spent in L1 status. Similarly for H1, L1+H1 can be for max 6 Years, if you apply for fresh H1 before completion of your 1 Year stay then it would eb granted for 6 Minus years spent in L1 status. H1 success depends a lot upon E, EC, EVC model. That is the lesser the layers between you and end client the better it is.

This is my opinion not legal advice.