L1B filing when H1B selected in Lottery

[arutev991]

Hi,
Im in a situation, difficult for me to judge myself.
My current company is filing L1B for me and I'm going for stamping maybe next week.
In the mean time, long back I've requested an US company to file H1B for me and they did. i've got selected in the lottery as of now. Here are my confusions;

1. Will my L1B stamping get affected due to my status of having selected in the H1B lottery?

2. Can I ask the US employer to have a hold on my H1B processing?

3. If my current employer files for my GC later, will H1B processing later getaffected?

4. Having initiated GC for me, can I switch to the US employer, will this have any effect in my GC processing? Or should I need to stick with my current employer untill my GC is processed?

Please help.

[raghvi]

Hi,
Im in a situation, difficult for me to judge myself.
My current company is filing L1B for me and I'm going for stamping maybe next week.
In the mean time, long back I've requested an US company to file H1B for me and they did. i've got selected in the lottery as of now. Here are my confusions;

1. Will my L1B stamping get affected due to my status of having selected in the H1B lottery?

2. Can I ask the US employer to have a hold on my H1B processing?

3. If my current employer files for my GC later, will H1B processing later getaffected?

4. Having initiated GC for me, can I switch to the US employer, will this have any effect in my GC processing? Or should I need to stick with my current employer untill my GC is processed?

Please help.

Has employer committed to do GC? In which category EB1/2/3? Even if committed any paperwork has been done?

L1 or H1 and eventually GC all can take from 1 Year to 15 Years based upon various parameters and changes that happen/ you would have to do over that period. So its obviously not going to easy to plan all this much ahead . I would suggest you take one thing at time and handle them as they come along. Now to answer

1. L1 and H1 are different things. So if you decide to go for L1 stamping, it is not going to get affected if you already have a H1 petition filed. Yes, if you have a H1 Visa already stamped in the passport, the H1 visa will most probably get cancelled while issuing of L1. But as you are already cap counted under H1, you can use the same petition for next 6 Years to try to move to H1.
2. I dont think that is even required. I would suggest you carry on with the L1B application, attend L1 interview, if successful, travel on L1 visa. While in US, if you want to move to H1 employer or to any other employer on H1, use the approved H1 petition to do a Change Of Status from L1 to H1.
3.No. If GC filed under EB2/EB3 as it is you would eventually have to move to H1 at that time this approved H1 petition can come handy.
4. It depends at what stage the GC is in.

This is my opinion not legal advice.

[arutev991]

L1B filing when H1B selected in Lottery

Awesome Ragvi. Thank youso much.
So I donthave to worry about GC now as my current employer is also not committed about GC forme.
Thank you.