L1B to H1B Consular processing

[dahem6]

Hello team,

I am currently employed with Company A on L1B visa since feb 2012. Company A has already filed for an extention on Feb 1st,2015 (under normal processing) as the visa was about to get expired on Feb 20th, 2015. I understand that it takes around 3 to 4 months for normal processing so I am expecting the decison to come sometime in May/June (assuming there is no RFE received). I was also told that the extention rejection rate is very high so I am looking for a backup option.

Company B is ready to file H1B under consular processing in april. I would like to know the following
1. When do we usually get to know if the H1B application has been picked?
2. If the application has been picked in the lottery, will that have any impact on my L1 extention?
3. I understand once H1 is picked, we can start working only from October. Once H1 is picked will I go out of status immediately and do i have to leave USA?
4. If the answer to question 3 is 'No', Will I be able to continue working with Company A with an approved H1 (while still waiting for L1 extention results)?
5. If L1 is approved after H1 has been picked, will i be able to continue working with Company A?
6. Can I withdraw H1 application once L1 extention is approved.

I understand that once L1 is rejected, I will have to leave USA as I will go out of status and at the same time is H1 is approved, I will need stamping before I enter USA in October.

Appreciate your response. Thanks in advance

[raghvi]

Hello team,

I am currently employed with Company A on L1B visa since feb 2012. Company A has already filed for an extention on Feb 1st,2015 (under normal processing) as the visa was about to get expired on Feb 20th, 2015. I understand that it takes around 3 to 4 months for normal processing so I am expecting the decison to come sometime in May/June (assuming there is no RFE received). I was also told that the extention rejection rate is very high so I am looking for a backup option.

Company B is ready to file H1B under consular processing in april. I would like to know the following
1. When do we usually get to know if the H1B application has been picked?
2. If the application has been picked in the lottery, will that have any impact on my L1 extention?
3. I understand once H1 is picked, we can start working only from October. Once H1 is picked will I go out of status immediately and do i have to leave USA?
4. If the answer to question 3 is 'No', Will I be able to continue working with Company A with an approved H1 (while still waiting for L1 extention results)?
5. If L1 is approved after H1 has been picked, will i be able to continue working with Company A?
6. Can I withdraw H1 application once L1 extention is approved.

I understand that once L1 is rejected, I will have to leave USA as I will go out of status and at the same time is H1 is approved, I will need stamping before I enter USA in October.

Appreciate your response. Thanks in advance

1. Depends if it is in master quota, premium processed or not. If there is a lottery, like last two years, and if one belongs to non masters quota and one has processed under normal processing the time to receive receipt can vary from June - Sep.
2. No.
3. You go out of status if L1 extension is rejected. It has got nothing to do with H1 results.
4. Yes till max 240 days.
5. Yes as long as H1 approved as consular process. If approved as COS you have to start working with B upon COS start date.
6. Why would you want to do it? In you long term interest I would not suggest you do that. As L1B is for max 5 Year, so if at all you planning to stay put in US for long term, there is high likelihood that eventually you would have to move to H1.

This is my opinion not legal advice.

[dahem6]

Appreciate your quick response raghvi.

So basically, if I apply h1 through consular processsing and it gets picked up in the lottery and at the same time if my L1 extention is approved as well, then will I have an option to choose the company I want to stay with?

Assuming I have both approvals and since H1 start date is Oct, what will I need to do to stay with Company A after Oct?

In case of COS, (again assuming I have both approvals). what will I need to do stay with with Company A after COS date?

Thanks again.