Applying H1 and L1A at the same time

[Russ]

Hi,

I am in a situation where I am currently on I-94, my L1B visa is expired and my company is filing L1A for me in a month. Other consultancy is filing my H1B this year. It is very likely for both request to reach embassy in the same time frame. Will this create any issue? What if both gets approved, can I choose one? If one gets rejected can I continue with other?

Let me know if you have any answer for this.

Thanks in advance !!

[raghvi]

Hi,

I am in a situation where I am currently on I-94, my L1B visa is expired and my company is filing L1A for me in a month. Other consultancy is filing my H1B this year. It is very likely for both request to reach embassy in the same time frame. Will this create any issue? What if both gets approved, can I choose one? If one gets rejected can I continue with other?

Let me know if you have any answer for this.

Thanks in advance !!

Its not the embassy that the petition documents would be sent its to USCIS. Both H1 and L1 would be treated independently but it can be quite tricky. New H1B can start only from 01-Oct-2014 or later.

But you have to first find out if H1 is being filed as Change of Status OR Consular process. If filed as COS then , if approved, you would automatically move to H1 from H1 COS date. Any employment with L1 employer post COS date of H1 is illegal. If filed as consular process, you do not move on to H1 unless you leave US, get H1 stamped and return OR you file an amendment, and get it approved to convert H1 from consular to COS (consultancy firms will generally not agree to file H1 as consular because then they know you may not join them after approval) also additional cost of converting from Consular to COS.

If your L1B to L1A is approved after H1 is approved and COS granted, you would move back to L1A and hence should stop working with H1 employer.

Here is what I would suggest you do, file L1B to L1A as premium, and L1B to H1B also in premium, this way you will get decisions on individual petitions much before 01-Oct-2014.

If L1b to L1A approved and L1B to H1B also approved before 01-Oct-2014 , you would automatically move to H1 on H1 start date (generally 01-Oct-2014) and must stop working with L1 employer and start working with H1 employer OR if you want to continue working with L1 employer you would have to leave US before H1 start date, go for L1 stamping and return on L1.

If L1b to L1A denied but L1B to H1B approved before 01-Oct-2014, you would automatically move to H1 on H1 start date (generally 01-Oct-2014) and must stop working with L1 employer and start working with H1 employer.

If L1B to L1A approved, but L1B to H1B denied before 01-Oct-2014 then you would continue to be on L1A as per new L1A I-94.

If L1B to L1A denied, and L1B to H1B also denied you can continue to stay on L1B I-94 till 5 Years L1B completed or I-94 validity, unless explicitly stated in the rejection notice.

The trick is to get both L1B to L1A and L1B to H1B decision come before 01-Oct-2014 in order to decide but it comes at cost of premium processing both the petitions.

If you travel during all this, it can complicate things even more.

This is my opinion not legal advice.