L1 to H1 conversion with L1 extension in progress

[np321]

I have L1b visa with Employer A. I have new potential employer B who has filed H1, and its picked up in lottery this year and approval is still in progress.
however my L1b visa i797 petition (first 3 years out of 5) ends on aug 2017.. I have to file extension for l1b with current employer.

Will the H1 picked up create any problem with l1b extension, such as l1 extension being rejected by uscis.
As L1b petition ends on aug 2017 i dont have any option than to file extension even though h1 is picked as it is still in progress and even approved i can start only on 1st oct 2017.

[raghvi]

I have L1b visa with Employer A. I have new potential employer B who has filed H1, and its picked up in lottery this year and approval is still in progress.
however my L1b visa i797 petition (first 3 years out of 5) ends on aug 2017.. I have to file extension for l1b with current employer.

Will the H1 picked up create any problem with l1b extension, such as l1 extension being rejected by uscis.
As L1b petition ends on aug 2017 i dont have any option than to file extension even though h1 is picked as it is still in progress and even approved i can start only on 1st oct 2017.

Though both are separate processes, one will not be rejected just because other is in process, but you need to ensure that you maintain valid status.

Your H1 petition may get approved but COS might not be approved unless your L1 extension gets approved before 01-Oct-2017.

Also,if for some reason USCIS does approve your H1 COS and if L1B extension gets approved after 01-Oct-2017, then you would move back to L1 status.

Finally, if L1 extension gets approved before 01-Oct-2017, and H1 COS also gets approved before 01-Oct-2017, then you must work and get paid by H1 employer from 01-Oct-2017.

The challenge is to try to get L1 extension approved before 01-Oct-2017.

This is my opinion not legal advice.

[np321]

Thanks for reply.


"Also,if for some reason USCIS does approve your H1 COS and if L1B extension gets approved after 01-Oct-2017, then you would move back to L1 status."

1.In this case where i move back to L1 status, i guess my option to work on H1 would be to go out (i think india), get h1 stamped and enter on h1.
2. Suppose h1 cos is approved first and l1b extension gets rejected afterwords what happens then. is the same option mentioned in point 1. above applicable in this scenario.

[raghvi]

Thanks for reply.


"Also,if for some reason USCIS does approve your H1 COS and if L1B extension gets approved after 01-Oct-2017, then you would move back to L1 status."

1.In this case where i move back to L1 status, i guess my option to work on H1 would be to go out (i think india), get h1 stamped and enter on h1.
2. Suppose h1 cos is approved first and l1b extension gets rejected afterwords what happens then. is the same option mentioned in point 1. above applicable in this scenario.

1. Yes.
2. There is very less likelihood of that happening because in order for you to be in valid H1 status 01-Oct-2017 on wards or H1 to be approved with COS, you first need to be in a valid status on 30-Sep-2017 or before H1 approval, which in case you would not be as your L1 extension would still be pending at that time. But there have been rare cases where in USCIS has done the mistake of approving a COS to H1 with a pending L1 extension underneath.

This is my opinion not legal advice.

[np321]

1. Yes.
2. There is very less likelihood of that happening because in order for you to be in valid H1 status 01-Oct-2017 on wards or H1 to be approved with COS, you first need to be in a valid status on 30-Sep-2017 or before H1 approval, which in case you would not be as your L1 extension would still be pending at that time. But there have been rare cases where in USCIS has done the mistake of approving a COS to H1 with a pending L1 extension underneath.

This is my opinion not legal advice.

In case USCIS approves H1 while L1 extn is in progress beyond october, can i start working on h1 from 1st oct.
Also in case i resign from my current employer, does my l1 extn process gets revoked automatically or is it something I can ask current employer to revoke l1 extn application..

Thanks for your inputs till now..

[raghvi]

In case USCIS approves H1 while L1 extn is in progress beyond october, can i start working on h1 from 1st oct.
Also in case i resign from my current employer, does my l1 extn process gets revoked automatically or is it something I can ask current employer to revoke l1 extn application..

Thanks for your inputs till now..

Even if USCIS does approve H1 with COS (new I-94 at the bottom of H1 approval notice) with L1 extension pending, I would still advise you to leave US, get yourself H1 stamped and re enter in order to keep a clean record. This way your L1 extension request also would get nullified.

This is my opinion not legal advice.

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In my case, All the below is for same company...
My L1B to H1B transfer got approved till Mar 2020 on June 18th 2019, I-94 extended till Mar 2010, but L1B Extension got rejected in Aug 20 2020, Yet to get denial details in mail.
What should be my next steps, Since I have valid I-94, I can continue to stay till Mar 2020?

[Punitha04]

Hi,in my case l1 approved after oct 2022. What I have to do now to retain my h1

[Libra_14]

Hi,in my case l1 approved after oct 2022. What I have to do now to retain my h1

What do you mean by retain your H1? Do you only have H1 petition or have H1 visa stamped as well?

If you have the petition, it is valid till its expiry. If you have the visa also stamped & not cancelled when L1 is issued, it is also valid till its expiry.

When you enter into USA, you'll need to specify which visa you would like to use for that entry.

[Punitha04]

Actually I don't have h1 stamped visa, h1 cos petition approved on sep 2022.On oct 3,l1 extension approved so again my status moved to l1.but like to have h1.Currently in US so I have to move out and re enter as h1 is possible?

[Libra_14]

Actually I don't have h1 stamped visa, h1 cos petition approved on sep 2022.On oct 3,l1 extension approved so again my status moved to l1.but like to have h1.Currently in US so I have to move out and re enter as h1 is possible?

You can file COS again to change your status from L1 to H1. If you move out of country, you need H1 stamped to be able to enter into H1 & in that case "most probably" your L1 visa will be cancelled.