Can we apply for H1 while L1 is pending?

[hari1177]

Hi,

My current company applied for Extension of L1B. Today I saw the status as "Request for Evidence".
Mean While I got an offer from another company and they are ready to file H1 for me.

Can I apply H1B through another company while my L1B is in pending through my current
company?

Please suggest me the best....this helps me alot. (suggestions will lead solution)

Thanks

[kabkaba]

Yes it can be done.
Depending on which petition gets approved last your status will change. There are complications involved depending on when your I-94 expires, when you want to join the new employer and whether you have dependents on dependent visas etc.

[hari1177]

Yes it can be done.
Depending on which petition gets approved last your status will change. There are complications involved depending on when your I-94 expires, when you want to join the new employer and whether you have dependents on dependent visas etc.

Thanks a lot for your response, here are the following things:
1. My I-94 has expired on Jun 29th 2011 and before to that they have applied for L1B extension
2. I have to join the new employer after Oct 1st 2011
3. Yes, I have dependents. but as of now they are in India.
Please suggest me.

[hari1177]

Yes it can be done.
Depending on which petition gets approved last your status will change. There are complications involved depending on when your I-94 expires, when you want to join the new employer and whether you have dependents on dependent visas etc.

Can you please answer...it will help

[kabkaba]

Thanks a lot for your response, here are the following things:
1. My I-94 has expired on Jun 29th 2011 and before to that they have applied for L1B extension
This makes you legal to stay and work for the L1 employer.
2. I have to join the new employer after Oct 1st 2011
3. Yes, I have dependents. but as of now they are in India.
That is good, so that they don't have status complications.
Please suggest me.

Your H1 employer needs to file H1 petition with change of status first. They will need a copy of L1 extension receipt. If h1 is approved with change of status then you will have to work with the L1 employer till Sep 30 and join the H1 employer on Oct 1. If H1 is approved without change of status, you can continue with L1 employer as long as their petition does not get denied (approved or pending). In this case in order to work for the H1 employer you will have to leave the US, obtain H1 Visa and return in H1 status.

[hari1177]

Your H1 employer needs to file H1 petition with change of status first. They will need a copy of L1 extension receipt. If h1 is approved with change of status then you will have to work with the L1 employer till Sep 30 and join the H1 employer on Oct 1. If H1 is approved without change of status, you can continue with L1 employer as long as their petition does not get denied (approved or pending). In this case in order to work for the H1 employer you will have to leave the US, obtain H1 Visa and return in H1 status.

Thanks a lot.....your answer makes me feel good.