URGENT L1B & NEW H1B question

[Rany_Singh]

Hi,

I am on L1B and my VISA is expiring on 15th May.My company will be filing for L1B extension in next 2-3 days.
I had an old H1B and another company is ready to file for my new H1B out of cap.

Can you please letme know of the scenarios?

1)Can I apply H1B in COS status when my L1B is still in Extension?H1B will be filed after 15th May only
2)Can I continue to stay in US and on which VISA - if my H1B gets approved and I start working for new employer and my L1B gets RFE?
3)Can I continue to stay in US and on L1B t if my H1B gets denied and L1B extension still in process.

Regards,
Vandana

[shervin143]

1)Can I apply H1B in COS status when my L1B is still in Extension?H1B will be filed after 15th May only
>>> Possible. File the L1 extension first and then file the H1B as a COS from L1. You will need to include a copy of the L1 extension receipt notice. If L1 extension gets denied, then the H1B will not get approved for COS (with new I-94) as H1B is filed as a bridging pettion based on the pending L1 extension. Search and read about bridging. If you file the H1B before your current L1 I-94 expires, then the COS will get approved as it is not considered a bridging petition.

2)Can I continue to stay in US and on which VISA - if my H1B gets approved and I start working for new employer and my L1B gets RFE?
>>> Until the H1B gets approved as a COS (with a new I-94), you cannot work for the H1B sponsor. You have to continue wokring for the L1 employer. Once H1B gets approved as a COS, you MUST start working for the H1B sponsor as of the H1B effective date. Any employment with the L1 employer post H1B effective date is illegal.

3)Can I continue to stay in US and on L1B t if my H1B gets denied and L1B extension still in process.
>>> Yes. Also, if you are planning to file both the petitions (L1 extension and H1B) at the same time, then you need to be aware of the last action rule. If both the petitions gets approved, then your status will chnage as per the last petition that becomes effective. You need to be working for that corresponding employer. Example: If L1 approval comes after H1B effective date, then you should be working for the L1 employer. Otherwise, you will go out of status on L1 and your employment with H1B sponsor will be considered as illegal.

[Rany_Singh]

URGENT L1B extension and new H1B

Thanks Sherwin for such a quick response:-

I plan to file my H1B in premium and L1B in normal mode hence I expect H1B decisioning before L1B.

1)Can I continue on L1B if my h1 gets denied and l1b extension is in progress?
2)what VISA would I be on if my H1B gets approved and L1B denied?
3)What VISA would I be on if my H1B gets approved and I get RFE on L1B.Once I leave the present company after my H1b approval obviously my company wouldnt file for RFE response so in that case my l1b would get abandoned right?

[shervin143]

I plan to file my H1B in premium and L1B in normal mode hence I expect H1B decisioning before L1B.
>>> It doesn't matter. If H1B is filed based on a pending L1 extension, then even if H1B gets approved with an I-94 and later L1 gets denied, the bridge has broken and you need to leave the country and return back in H1B visa. Like I mentioned in my previous reply, search and read the posts that discusses bridging in detail. You can avoid this issue if H1B COS filed before your current I-94 expiry date.

1)Can I continue on L1B if my h1 gets denied and l1b extension is in progress?
>>> Yes.

2)what VISA would I be on if my H1B gets approved and L1B denied?
>>> You will be in H1B status as of the H1B effective date (that is if H1B gets approved as a COS with a new I-94).

3)What VISA would I be on if my H1B gets approved and I get RFE on L1B.Once I leave the present company after my H1b approval obviously my company wouldnt file for RFE response so in that case my l1b would get abandoned right?
>>> No one can say. If H1B gets approved with an immediate start date, then you will be in H1B status. If L1 RFE gets approved later (for any given reason), you will be in L1 status and your employment with the L1 employer becomes illegal. In case of an RFE, how sure are you that your L1 employer will not respond to it.

[Rany_Singh]

2)Can I continue to stay in US and on which VISA - if my H1B gets approved and I start working for new employer and my L1B gets RFE?L1B VISA is not denied and i just get RFE
and that RFE never gets submitted since i quit old employer and started working for new employer on H1B.