L-1B possible extension and applying H-1B

[Akshay22]

I am working for Company "ABC" on L-1B visa (L-1B expiry date is 22-Nov-2014) and my company might OR might not apply for L-1 extension. It is a great company to work but i don't want to go back, so thinking of applying H-1B with Company "XYZ".
My questions are -

1. If i get H-1B through XYZ and Current employer also applies for L-1B extension (H-1B would be in effect from 01-Oct-2014 and L-1 is valid till 22-Nov-2014). Would i have to leave ABC and join XYZ after 01-Oct?
2. If yes, how can i continue with "ABC" ? (I am more interested in working with "ABC").

[raghvi]

I am working for Company "ABC" on L-1B visa (L-1B expiry date is 22-Nov-2014) and my company might OR might not apply for L-1 extension. It is a great company to work but i don't want to go back, so thinking of applying H-1B with Company "XYZ".
My questions are -

1. If i get H-1B through XYZ and Current employer also applies for L-1B extension (H-1B would be in effect from 01-Oct-2014 and L-1 is valid till 22-Nov-2014). Would i have to leave ABC and join XYZ after 01-Oct?
2. If yes, how can i continue with "ABC" ? (I am more interested in working with "ABC").

Why/How would you work for ABC beyond Nov 2014 if they dont apply for extension? Or if they will not apply for your H1?

1. Yes you would have to join XYZ if XYZ applies H1 as Change of Status and is approved.
2. Either apply H1 from XYZ as Consular Process OR leave US before H1 start date and return on L1 visa OR ask ABC to file L1 extension OR ask ABC to file H1.

This is my opinion not legal advice.

[Akshay22]

Thanks Raghvi for your prompt reply.

Lets' say my L1B extension is granted after H1B COS approval, in that situation is there any way in which I can continue to work with "ABC" ?

You mentioned - "leave US before H1 start date and return on L1 visa"

So if I go anywhere outside US before 1st Oct and return on L1B (extension), I can continue with ABC without resigning. Have I understood it correctly ?

[raghvi]

Your situation is very similar to this thread : http://www.immihelp.com/forum/showth...H1-while-on-L1

This is my opinion not legal advice.

[Akshay22]

The information given by you in this thread was very helpful. I just have one last doubt left. It would be very nice of you to clarify -

If my L1B extension is granted before Oct 01, I go anywhere outside US before 1st Oct and return on L1B (extension), can I continue with ABC without resigning ? I don't want my ABC company to know about H1B.

Please confirm.

[raghvi]

If L1B extension is granted before 01-Oct-2014 then if you leave US before 01-Oct-2014, and return before 01-Oct-2014 you would still move to H1 of XYZ on 01-Oct-2014. You should return only after H1 start date on L1 visa in order to avoid the COS to H1.

But the challenge you will face with this approach is:

a. Firstly, how would you ensure you have L1 extension before 01-Oct-2014?
b. Secondly, assuming you do get an L1 extension before 01-Oct-2014, remember your current L1 stamp in passport is expiring on 22-Nov-2014.
- If you return without a fresh stamping and the officer at the port of entry gives you a new I-94 only till 22-Nov-2014 (because that's when your L1 visa is expiring) then you will need to file another extension request.
- If you plan to go for new visa stamping, then do understand that even if your extension was granted while in US there is no guarantee that you will get successful L1 stamping at the consulate.
c. Thirdly, wouldn't your employer wonder why you are travelling before 01-Oct and returning after 01-Oct?

Just be prepared for all eventualities.

This is my opinion not legal advice.

[Akshay22]

Just can't thank you enough for all the time you spared to answer all my queries. Thanks a lot.

[Akshay22]

Green card applied for colleague

My company filed Green Card for a colleague of mine who was in a similar situation (L1B expiring this Aug). If I have a H1B COS and if my company applies for Green Card, can my H1B affect GC application ? Are the effects similar to that of L1B extension or any different ?
Thanks

[raghvi]

My company filed Green Card for a colleague of mine who was in a similar situation (L1B expiring this Aug). If I have a H1B COS and if my company applies for Green Card, can my H1B affect GC application ? Are the effects similar to that of L1B extension or any different ?
Thanks

L1B extension, H1 B petition, as well as Employment Based Green Card are three different things. Think of them as three different visa types and they can be independent of each other, but you need at least one to be valid to stay in US and in order to move from one to another you have to file appropriate COS/AOS

This is my opinion not legal advice.