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L1B Extension applied and applying H1B in cap2013

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  • L1B Extension applied and applying H1B in cap2013

    l1b/I94 Expiry-15th May 2012.
    L1B Extension applied

    Now I want to apply for H1B.Can I apply for H1B in consular processing?

    1)Will this effect my L1B status in any way?Or Are both independent processes and their result will not have any impact on each other's approoval
    2)Suppose both L1B and H1B approval comes then will I be on L1B or on H1B .I think I will be on L1B .If teh answer to this question is "L1B" then can I do change of status from L1B to H1B without going outside US?
    3)Does the sequence of approval of H1B&L1B matter in this scenario?
    4)If L1B gets denied and H1B gets approved-Will I have to leave the country immediately.Can I go outside country and come back on H4.Also once I am in US can I change of status from H4 to H1B as my H1B would be out of cap and can be used anytime

    Suppose if I go for COS for H1B then
    1)Will my h1b approval comes only after L1B gets approved
    2)Is there any chance that L1B gets denied and H1B approval comes.

  • #2
    Do I need extension reciept in case if I apply for the H1B in consular processing and my L1B extension is in process and my I94 is expired for the case given above.

    Comment


    • #3
      l1b/I94 Expiry-15th May 2012.
      L1B Extension applied

      Now I want to apply for H1B.Can I apply for H1B in consular processing?
      >>> Yes.

      1)Will this effect my L1B status in any way?Or Are both independent processes and their result will not have any impact on each other's approval
      >>> It will not have any effect as long as H1B is filed for consular process rather than COS.

      2)Suppose both L1B and H1B approval comes then will I be on L1B or on H1B .I think I will be on L1B .If teh answer to this question is "L1B" then can I do change of status from L1B to H1B without going outside US?
      >>> You will remain to be in L1 if H1B is filed for CP. If H1B is filed for COS, then last action rule comes into picture. Search and read about the last action rule. A H1B petition filed for CP can be amended for COS later.

      3)Does the sequence of approval of H1B&L1B matter in this scenario?
      >>> Not of H1B is filed for CP. If it is filed for COS, then Yes, the sequence matters.

      4)If L1B gets denied and H1B gets approved-Will I have to leave the country immediately.
      >>> Yes.

      Can I go outside country and come back on H4.
      >>> Is your spouse in H1B status? You cannot get H4 if your spouse is not in valid H1B status in U.S.

      Also once I am in US can I change of status from H4 to H1B as my H1B would be out of cap and can be used anytime
      >>> Possible.

      Suppose if I go for COS for H1B then
      1)Will my h1b approval comes only after L1B gets approved
      >>> No. The order of the petition approval is not under anyone control.

      2)Is there any chance that L1B gets denied and H1B approval comes.
      >>> Possible. H1B can get approved for CP.
      Not a legal advice. Use of this information is strictly at your own risk.

      Comment


      • #4
        Not required. But no harm in attaching it.

        Originally posted by Rany_Singh View Post
        Do I need extension reciept in case if I apply for the H1B in consular processing and my L1B extension is in process and my I94 is expired for the case given above.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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