L1B to H1B Conversion - What happens if both are approved?

[aashish1987]

Hello All,

My current L1B visa expires in Aug 2015 and my company is thinking of applying for an H1B visa along with the L1B visa renewal, in case the L1B renewal is rejected.

I wanted to ask that can I choose which visa to continue on post Aug 2015 in case both get approved? If yes, and if I continue on my L1B for 2 more years, will my H1B be still active in case I want to change jobs?

Look forward to your thoughts.

Thanks!

[raghvi]

Hello All,

My current L1B visa expires in Aug 2015 and my company is thinking of applying for an H1B visa along with the L1B visa renewal, in case the L1B renewal is rejected.

I wanted to ask that can I choose which visa to continue on post Aug 2015 in case both get approved? If yes, and if I continue on my L1B for 2 more years, will my H1B be still active in case I want to change jobs?

Look forward to your thoughts.

Thanks!

Didnt understand "along with the L1B visa renewal, in case the L1B renewal is rejected". Do you mean H1B and L1B while you are outside US?

H1B application acceptance would start in April 2015. In most likelihood it would be another lottery unless rules change.

Now, a for profit company H1B can only start from 01-Oct-2015. So in order for you to stay beyond August 2015, you should either have L1B extension approved or pending.

Now H1B can be applied as either Consular process OR COS. By consular process it means you would have to go outside US to a US consulate and get H1B stamped in order to move to current company's H1. COS means from 01-Oct-2015 onwards you would automatically move to H1B, but in your case the COS would be approved only if you are in valid status on 30-Sep-2015, which will happen only if L1B extension is approved.

If your intent is to minimize stay outside US then advisable to file L1B extension in normal processing towards August 2015, and apply H1B as consular process. This way even if L1B extension is rejected, seeing the current processing time you would get to stay till around Oct-Nov 2015, and if you get H1B by then then all that you would have to do is go out and get H1B stamped and return.

Or course if L1B extension is rejected as well as not selected in H1B then you would have to leave and apply fresh L1B outside US in order to return.

The complexity is more if yor L1 Extension as well as H1B COS is approved (yes it is possible), it would be difficult to know on 01-Oct-2015 and beyond whether you are on L1B or H1B due to last action rule. You cannot choose which status to be on.

So you do see that there are numerous scenarios possible. Each has it pros and cons.

This is my opinion not legal advice.

[aashish1987]

Thanks so much Raghvi!

What I meant by "along with the L1B visa renewal, in case the L1B renewal is rejected" is that my company will apply for normal L1B extension, but also apply for the H1B in the April 2015 lottery so that I can continue to work in the US assuming that my L1B visa renewal is rejected (and assuming that H1B is accepted).

Based on your detailed reply (really appreciate it!), I had a few more questions -

You're are correct. I want to minimize time spent outside US and the option of applying for L1B visa renewal and H1B as consular processing makes sense. However, what do you mean by ' seeing the current processing time you would get to stay till around Oct-Nov 2015'? Can you please elaborate?

Also, if H1B is applied for in the Apr 2015 lottery, by when does one come to know that my application has been accepted through the lottery?

Also, if both go through, you mention it will be difficult to say what visa I am on due to the last action rule? Firstly, what is the first action rule? Also, If I cannot choose which visa to be on, does USCIS decide? or who does?

Thanks!!