Filing L1A Individual extension and H1 Same Time

[prasadc153]

Hi

My Current visa L1A is valid until September 30 2014, I want to file H1 this time and my company is also planning to extend my L1 A visa on September 2014 .
Does it impact my chances?
If my H1 Approved and and I don't want to change status until i see the status of My l1 A extension, is it possible ?
If i got my L1A extension approved , approved can skip the H1 and Continue on my L1A?

[raghvi]

Hi

My Current visa L1A is valid until September 30 2014, I want to file H1 this time and my company is also planning to extend my L1 A visa on September 2014 .
Does it impact my chances?
If my H1 Approved and and I don't want to change status until i see the status of My l1 A extension, is it possible ?
If i got my L1A extension approved , approved can skip the H1 and Continue on my L1A?

Not possible if H1 is a COS.
There are many threads in this forum for this issue : here is one of them : http://www.immihelp.com/forum/showth...H1-while-on-L1

This is my opinion not legal advice.

[prasadc153]

Not possible if H1 is a COS.
There are many threads in this forum for this issue : here is one of them : http://www.immihelp.com/forum/showth...H1-while-on-L1

This is my opinion not legal advice.

Thanks Raghvi ,

If my H1 and L1 A extension both are Approved before October 1st can i stay on L1 by Ignoring H1.
If H1 Approved, when is the COS effective date ? October 1st or prior to that ?
If my L1A extension is Approved I receive new I94 with the Approaval !

[raghvi]

Thanks Raghvi ,

If my H1 and L1 A extension both are Approved before October 1st can i stay on L1 by Ignoring H1.
If H1 Approved, when is the COS effective date ? October 1st or prior to that ?
If my L1A extension is Approved I receive new I94 with the Approaval !

If you are filing H1 as a Change of Status you have to move to H1 or leave US. If you request USCIS for a Change of Status to H1, and if USCIS has approved it how can you ignore it after all, you requested for it.
You would have to move to H1. If you want to continue on L1, you would have to leave US, and return on new L1 visa as your L1 visa is expiring on 30-Sep-2014.

If H1 is approved the COS date is generally as per the request in the I129/I539. Also, as this is fresh H1 the earliest the COS can be 01-Oct-2014 not prior to that.

If your L1A extension is approved it can be either the petition is approved by extension denied, or petition is approved as well as extension is approved. If both petition and extension are approved you would get a new I-94.

This is my opinion not legal advice.