Applying for L1B and H1 in parallel

[nn123]

Hi Experts,

I am in India (host country). and I don't have any US work visa right now.

I am working in company X, which wants to send to US on L1B. There is another company Y, which wants to process my H1B. Both these process may go in parallel if I start those.
H1B petition will be filed under "cable notification' type and not under 'change of status' type, assuming I am and will be in India till October 2015.

I have few questions in this regard.
1. Am I allowed to do this processing in parallel? in particular, will it affect my chance of one of the visas getting approved seeing that I have applied for 2 visas at the same time?
2. My L1B will be stamped first for sure. Because, H1b lottery will take some time. By that time and if I am selected in lottery, I will be in US on L1B. After getting selected in lottery, will my status automatically change from L1 to H1?
3. I am assuming it wont change automatically, unless I come to India to give visa stamping interview. In this situation, Do I necessarily have to India for getting the visa stamped?
4. If I decide to stay with company X (L1 visa) and don't get visa stamped for H1, then am I allowed to do that? Also, in this case will my H1 petition (which is selected in lottery, but no further processing done) be still valid if I decide to join company Y, say next year?

Appreciate any suggestions/answers on my queries.

Thanks

[raghvi]

Hi Experts,

I am in India (host country). and I don't have any US work visa right now.

I am working in company X, which wants to send to US on L1B. There is another company Y, which wants to process my H1B. Both these process may go in parallel if I start those.
H1B petition will be filed under "cable notification' type and not under 'change of status' type, assuming I am and will be in India till October 2015.

I have few questions in this regard.
1. Am I allowed to do this processing in parallel? in particular, will it affect my chance of one of the visas getting approved seeing that I have applied for 2 visas at the same time?
2. My L1B will be stamped first for sure. Because, H1b lottery will take some time. By that time and if I am selected in lottery, I will be in US on L1B. After getting selected in lottery, will my status automatically change from L1 to H1?
3. I am assuming it wont change automatically, unless I come to India to give visa stamping interview. In this situation, Do I necessarily have to India for getting the visa stamped?
4. If I decide to stay with company X (L1 visa) and don't get visa stamped for H1, then am I allowed to do that? Also, in this case will my H1 petition (which is selected in lottery, but no further processing done) be still valid if I decide to join company Y, say next year?

Appreciate any suggestions/answers on my queries.

Thanks

1. Yes, two employer cna file separate petitions, each will be decided upon its own merit.
2. No, as you are applying for H1 while outside US you would be able to move to H1 only after applying for COS from within US, OR by going for H1 stamping.
3. Not required, your employer can do a L1 to H1` COS while you are in US.
4. Yes. Yes you can use the H1 petition as long as petition is not revoked by USCIS.

This is my opinion not legal advice.

[nn123]

thanks Raghvi, one question though

Thanks a lot Raghvi for the answers.
I will apply to both visa in parallel.

One more question:
Assuming my L1B (company X) gets approved in first week of April and I get selected in H1b (company Y) lottery in may/june, will I have any compulsion to either join company Y or leave company X?

i.e. I am asking if I am selected H1B lottery, but I did not do any further processing with respect to H1B. Will I be allowed to stay in company X on existing L1B?

[me_shaan]

Yes, you can stay on your L1B till you go for H1B stamping, provided your H1B employer is ok with it.

[raghvi]

Thanks a lot Raghvi for the answers.
I will apply to both visa in parallel.

One more question:
Assuming my L1B (company X) gets approved in first week of April and I get selected in H1b (company Y) lottery in may/june, will I have any compulsion to either join company Y or leave company X?

i.e. I am asking if I am selected H1B lottery, but I did not do any further processing with respect to H1B. Will I be allowed to stay in company X on existing L1B?

No there is no such compulsion for you to move to Y. Your H1 employment terms and conditions would kick in only when you land in US and move to H1 status for Y. So while you are outside US no compulsion to join Y.

The compulsion more or less kicks in when suppose you enter US on L1 visa of X, later file a COS to H1 for Y, then from COS start date if you stay in US, you must work and get paid by Y.

This is my opinion not legal advice.

[nn123]

Thanks

No there is no such compulsion for you to move to Y. Your H1 employment terms and conditions would kick in only when you land in US and move to H1 status for Y. So while you are outside US no compulsion to join Y.

The compulsion more or less kicks in when suppose you enter US on L1 visa of X, later file a COS to H1 for Y, then from COS start date if you stay in US, you must work and get paid by Y.

This is my opinion not legal advice.

Thanks A lot Raghvi for answering all my queries.

Here is my understanding from your replies:
I will apply for L1B and H1B from India in parallel. I will start working in US from April on L1 visa working for company X. I might get selected in H1B lottery in parallel. But since I am not applying for H1B under 'COS', my status will not change automatically. After this, it is totally up to me whether to join company Y (by applying for COS) OR stay with company X in US on L1B (by not doing any further processing for H1B)

Thanks once again. Appreciated!!

[Raunakjain]

Problems with simultaneous applications.

Hi,

Did you face any challenges or do you have any suggestions for someone who is facing the same challenges or having to apply for H1B and L1A with different companies simultaneously?
Would appreciate your help a lot.

Hi Experts,

I am in India (host country). and I don't have any US work visa right now.

I am working in company X, which wants to send to US on L1B. There is another company Y, which wants to process my H1B. Both these process may go in parallel if I start those.
H1B petition will be filed under "cable notification' type and not under 'change of status' type, assuming I am and will be in India till October 2015.

I have few questions in this regard.
1. Am I allowed to do this processing in parallel? in particular, will it affect my chance of one of the visas getting approved seeing that I have applied for 2 visas at the same time?
2. My L1B will be stamped first for sure. Because, H1b lottery will take some time. By that time and if I am selected in lottery, I will be in US on L1B. After getting selected in lottery, will my status automatically change from L1 to H1?
3. I am assuming it wont change automatically, unless I come to India to give visa stamping interview. In this situation, Do I necessarily have to India for getting the visa stamped?
4. If I decide to stay with company X (L1 visa) and don't get visa stamped for H1, then am I allowed to do that? Also, in this case will my H1 petition (which is selected in lottery, but no further processing done) be still valid if I decide to join company Y, say next year?

Appreciate any suggestions/answers on my queries.

Thanks

[pmreader]

Raunakjain Did you get the answer for your question. I am going through the same process. I am in process of applying for L1A through current employer and my H1B applied through different company got selected in the lottery. I would like to go with L1A but I want to held on to H1B as well.

My questions are :

1) What should I say to company who applied for H1B. Should I ask the company not to process my H1B
2 Should I go for stamping for H1B and keep it ready
3) Should I discuss with that company to transfer the H1B to my current employer
4) Should I go with L1 and whenever there is need for change of status ( COS) requirement, I should go for H1B status?

I don't know what is good thing to do and what is better approach to cover the potential risks.

If someone can share some thoughts on this would be great.

[Libra_14]

1) What should I say to company who applied for H1B. Should I ask the company not to process my H1B

Nothing, let the petition get approved & let the time come for visa stamping. One can have multiple non-immigrant visas at the same time.

2 Should I go for stamping for H1B and keep it ready

Yes - H1B is for future employment. Once you get visa then only you can join them.

3) Should I discuss with that company to transfer the H1B to my current employer

Once you get petition approved & stamped & you travel to USA, then only you can transfer your H1B.

4) Should I go with L1 and whenever there is need for change of status ( COS) requirement, I should go for H1B status?

Certainly.

I don't know what is good thing to do and what is better approach to cover the potential risks.

There is no risk, you can continue with both the applications & still move to USA on your L1 visa (keeping H1 as backup).