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How to maintain L1B in case of H1B COS?

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  • How to maintain L1B in case of H1B COS?

    Hey there,

    Currently I am working on L1B and I got H1B picked up in lottery but petition and COS is not approved yet.

    Now we are not sure how long it will take for any further updates on my case.But we don't want to change my status to H1B, even if it gets approved. Due to some resons I can not leave my current L1B employer.

    I have few questions in below possible cases

    Case 1 : If H1B approval comes before/after 1st Oct -
    1. Can I still maintain L1 status just by going outside the country and coming back on my valid L1 Visa and work for the same existing company ?
    2. What are the other ways i can still maintain my L1 status in this situation?
    3. We heard about 'grace period'. Is there any such thing exist if approval comes after 1st Oct?
    4. If I enter on L1, What will happen to H1B COS ? What will happen to H1B petition ? Am i still exempt for next 6 years lotteries. Will it go out of status?
    5. Can I use my existing lottery picked H1B in future?If yes,who will file petition for the same?
    6. If I dont join my H1B employer now and continue working with my current L1B employer, will it cause any issue for my L1 extension?

    Case 2 : If RFE comes and whenever it gets resolved in future-
    Can we still have grace period at that time as well ?

    Case 3 : If H1b gets denied -
    Can we still apply for it in future lottery ? Will there be any issue in future?


    Thanks
    Last edited by pathfinder2018; 09-21-2017, 11:55 AM.

  • #2
    Originally posted by pathfinder2018 View Post
    Hey there,

    Currently I am working on L1B and I got H1B picked up in lottery but petition and COS is not approved yet.

    Now we are not sure how long it will take for any further updates on my case.But we don't want to change my status to H1B, even if it gets approved. Due to some resons I can not leave my current L1B employer.

    I have few questions in below possible cases

    Case 1 : If H1B approval comes before/after 1st Oct -
    1. Can I still maintain L1 status just by going outside the country and coming back on my valid L1 Visa and work for the same existing company ?
    2. What are the other ways i can still maintain my L1 status in this situation?
    3. We heard about 'grace period'. Is there any such thing exist if approval comes after 1st Oct?
    4. If I enter on L1, What will happen to H1B COS ? What will happen to H1B petition ? Am i still exempt for next 6 years lotteries. Will it go out of status?
    5. Can I use my existing lottery picked H1B in future?If yes,who will file petition for the same?
    6. If I dont join my H1B employer now and continue working with my current L1B employer, will it cause any issue for my L1 extension?

    Case 2 : If RFE comes and whenever it gets resolved in future-
    Can we still have grace period at that time as well ?

    Case 3 : If H1b gets denied -
    Can we still apply for it in future lottery ? Will there be any issue in future?


    Thanks

    Any guidance or recommendations would be greatly appreciated

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