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L1 to H1

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  • L1 to H1

    First, thanks to such a great Forum.

    Here I have some difficult situation.

    I am on L1B from Company A from 3 years and my I-94 is going to expire on this Sep(15-Sep-2012). Compnay B is filing H1 for me this year as COS.

    1) My question is if my H1 gets approved and it will be effective from Oct 1st 2012. Can I stay in USA for the period 15-Sep-2012 to 30-Sep-2012(15 days)? Or do i go back to India and get stampped the H1?

    2)As I don't want to continue with company A, they are not going to file L1 extension for me. What if my H1 status is not known till 15-Sep-2012. Can I continue to stay in USA after Sep 15th based on the grounds that I applied for H1 COS?

    3)Now I got other offer from Company C and they are willing to file H1 for me. Do they need to know about my Company B H1 filing? Or Cpmpany B need to know about Company C filing? I know that last action rule applies but is it ok to file multiple H1s with out knowing each other?

  • #2
    1) My question is if my H1 gets approved and it will be effective from Oct 1st 2012. Can I stay in USA for the period 15-Sep-2012 to 30-Sep-2012(15 days)? Or do i go back to India and get stampped the H1?
    >>> You should leave the country and return back after Oct 1st. Your stay from Sept 16th Until Oct 1st will be illegal. First of all, the COS from L1 to H1B might get denied because your current I-94 expires before Oct 1st.

    2)As I don't want to continue with company A, they are not going to file L1 extension for me. What if my H1 status is not known till 15-Sep-2012. Can I continue to stay in USA after Sep 15th based on the grounds that I applied for H1 COS?
    >>> No. Read the above answer.

    3)Now I got other offer from Company C and they are willing to file H1 for me. Do they need to know about my Company B H1 filing? Or Cpmpany B need to know about Company C filing? I know that last action rule applies but is it ok to file multiple H1s with out knowing each other?
    >>> Multiple petition can be filed at the same time.
    Not a legal advice. Use of this information is strictly at your own risk.

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