L1B extension and new H1B filling

[rgupta2]

My company has initiated a L1 B extension, as it is expiring in July 2012. Along with that I was in discussion with them on new H1 B. Is it possible to have both these process to go in parallel. If Yes please could you direct me on any official document on UCSIS website ?

[shervin143]

Both these process can go in parallel. But it is not advisable as you may end up with status confusion. It is advisable to file the L1 extension as soon as possible and then file the H1B later as a COS from L1. Search and read about the last action rule.

[prakashreddy6]

L1 blanket to H1 B filing in 2012 April

I have a valid L1 B visa & I94 until Sep 22nd 2012. I am planning to file H1 B visa in next month (April). Question is what will be my status from Sep 22nd 2012 to Oct 1st 2012 if the H1 B is approved and can I stay in USA with approved H1 B petition for 8 days (Sep 22 to Oct 1 2012)

[shervin143]

The chances of your H1B getting approved as a COS from L1 is very less. Most likely your H1B will get approved for consular process. You should have a valid L1 until September 30th in order to get a valid I-94 along with the H1B approval. The best option is your case is to file the L1 extension and the file the H1B as a COS from L1 based on the approved or pending L1 extension.

Just in case (hypothetically speaking) your H1B gets approved with a new I-94 with an effective date of Oct 1st, your stay in U.S from Sept 23 to 30th will be illegal. If the H1B gets approved for consular process (No new I-94 with the H1B approval), then any stay in the country after the I-94 expiry date will be illegal stay.

I have a valid L1 B visa & I94 until Sep 22nd 2012. I am planning to file H1 B visa in next month (April). Question is what will be my status from Sep 22nd 2012 to Oct 1st 2012 if the H1 B is approved and can I stay in USA with approved H1 B petition for 8 days (Sep 22 to Oct 1 2012)