L1 to H1 Transfer

[pgmail]

I'm working with company A with L1B visa. My L1B petition is expiring May 2012. I have applied for extension this week. However, I also will be applying for H1B COS this april from company B.

1) Will my L1 extension get rejected as I applied also for H1B ?

2) Will my H1B application gets rejected as L1 extension is applied at the same time ?

3) Can I apply for COS to H1B from multiple companies ?

Rgds
pgmail

[goomail]

I think, you should apply for COS to H1 after the L1 extn approval (Since your L1 is expiring before Oct 1). If not, H1 might be approved for consular processing where you need to go out of US and come with H1 stamping (to work on H1)
--This is my personal opinion.

[shervin143]

1) Will my L1 extension get rejected as I applied also for H1B ?
>>> No.

2) Will my H1B application gets rejected as L1 extension is applied at the same time ?
>>> No.

3) Can I apply for COS to H1B from multiple companies?
>>> Yes.

[pgmail]

L1 to H1 Transfer

Thank you Shevin & goomail.

TWO more queries.......

1) If I get COS approval from multiple companies, how will USCIS know which one I chose ?

2) After 1st Oct, can I continue with my L1B company to fulfill their notice period of say 2 weeks?

[shervin143]

1) If I get COS approval from multiple companies, how will USCIS know which one I chose ?
>>> You can work for only one employer even if you have multiple approvals. If you have multiple approvals, you can work for one of them.

2) After 1st Oct, can I continue with my L1B company to fulfill their notice period of say 2 weeks?
>>> No. That will be illegal employment and can cause issues later. You cannot work for the L1 employer when you status has changed to H1B.

[pgmail]

L1 to H1 Transfer

Thanx Shervin.

What if H1 COS application goes before L1 extension to USCIS ? Will H1 still be given first preferance and will h1 start from oct 1 ?

[shervin143]

It doesn't matter which application goes first and there is no order or preference in which the petition will get approved. All that matters is which petition becomes effective last. If your H1B gets approved with the effective date of Oct 1st and then your L1 gets approved with the effective date of Oct 2nd or later, then your status will change to L1 and you cannot work for the H1B sponsor. On the other hand, if the L1 effective date is prior to Oct 1st and H1B becomes effective as of Oct 1st, then you should be working for the H1B employer as of Oct 1st and any employment with the L1 employer after the H1B effective date is illegal. Search and read about the last action rule. This is why it is not advisable to file multiple different types of petitions at the same time.

Thanx Shervin.

What if H1 COS application goes before L1 extension to USCIS ? Will H1 still be given first preferance and will h1 start from oct 1 ?

[pgmail]

L1 to H1 Transfer

Thanks for your response. I'm very pleased with this forum.

At end of September, if I want to check my immigration status whether I'm on L1 or H1, how will I check it ?

[shervin143]

There is no way to check that. You have derive it own you own based on which petitions gets effective last. That is why it is not advisable to file mutiple petitions of different types at the same time.

At end of September, if I want to check my immigration status whether I'm on L1 or H1, how will I check it ?

[pgmail]

L1 to H1 Transfer

Given the fact that L1 processing takes less time than h1 processing, if h1 gets approved after L1 approval, will h1 approval considered last action?

[shervin143]

Given the fact that L1 processing takes less time than h1 processing,
>>> Wow! from where did you get that fact?

if h1 gets approved after L1 approval, will h1 approval considered last action?
>>> Order of petition approval has nothing to do with the last action rule. Whichever petition gets effective last is the one that will determine your status.

[pgmail]

L1 to H1 Transfer

In which case, I think I'm safe B'coz my L1 has to be effective from May 2012 as my current L1 is expiring on May 2012 and H1 will anyway be effective from Oct 1st 2012. Is that a fare understanding?

[shervin143]

If your L1 approval comes after Oct 1st, then your L1 will be effective over the H1B. You can take your chance. It is kind of a grey area and it is not advisable to file multiple petitions for different status at the same time. In your case, the safest bet is when L1 gets approved first and then H1B gets approved later with an effective date of Oct 1st or later.

In which case, I think I'm safe B'coz my L1 has to be effective from May 2012 as my current L1 is expiring on May 2012 and H1 will anyway be effective from Oct 1st 2012. Is that a fare understanding?