L1-B extension and parallel H1 processing

[cosmicfreek]

Hi all, I am currently working in the US on L1-B visa. My L1-B visa and I-94 expired on April 10th 2012. My current company 'Y' has applied for an L visa extension on the 25th of March 2012 and I still havent got a resolution on my extension application. Mean while company 'X' has come forward to apply H1b for me. I need a few clarifications with respect to filing my H1b application through company 'X'.

1. Off late I hear that there are many L1-B rejections. Given this, there is a 50/50 chance that my L extension application might get rejected or might get approved. In such scenario which is the best way to apply for H1b through company 'X' ? Should they apply for change of status (from L1 to H1) or should they file an application for a fresh H1 ?

2. I read in few threads abt COS (is it change of status ?) and consular processing. What do they mean ? Which is better of the two with respect to my situation ? I was unable to get valid results when I searched for them on the forum hence the Q.

3. Company 'X' insists that they would only opt for change of status (L1 to H1) when they file my H1 application. Assuming approval for my L1 extension comes through first and then H1 application comes through, should I start working for company 'X' from 1st Oct 2012 come what may or can I join company at a later date too ? for eg. mid October 2012 or end of October 2012 ?

4. Will my L1 extension application have any effect on my future H1 application or will my future H1 application have effect on my current L1 extension application ?

Thanks in advance.

[shervin143]

COS vs CP

1. Off late I hear that there are many L1-B rejections. Given this, there is a 50/50 chance that my L extension application might get rejected or might get approved. In such scenario which is the best way to apply for H1b through company 'X' ? Should they apply for change of status (from L1 to H1) or should they file an application for a fresh H1 ?
>>> It doesn't really matter. However if the H1B is filed as a COS, then the COS will get approved only of the L1B extension is successful as your I-94 has already expired. Search and read about "Bridging" petitions.

2. I read in few threads abt COS (is it change of status ?) and consular processing. What do they mean ? Which is better of the two with respect to my situation ? I was unable to get valid results when I searched for them on the forum hence the Q.
>>> COS - the H1B approval notice will come with a new I-94 and you should be working for the H1B sponsor as of the I-94 effective date. Any employment with the L1 employer after the H1B effective date is illegal. You can start working for the H1B employer without leaving the country and there is no need to get the H1B visa stamped until the time you leave U.S and want to return back in H1B status.

Consular process - The H1B approval will come without a new I-94. You will remain to be in L1 status (if your L1 extension is approved and until the L1 I-94 expiry date) and can continue to work for the L1 employer. You cannot work for the H1B sponsor unless you leave the country, get the H1B visa stamped and return back in H1B visa.

3. Company 'X' insists that they would only opt for change of status (L1 to H1) when they file my H1 application. Assuming approval for my L1 extension comes through first and then H1 application comes through, should I start working for company 'X' from 1st Oct 2012 come what may or can I join company at a later date too ? for eg. mid October 2012 or end of October 2012 ?
>>> Yes. Read the above answer.

4. Will my L1 extension application have any effect on my future H1 application or will my future H1 application have effect on my current L1 extension application ?
>>> No. They are independent.

[cosmicfreek]

@shervin143 , Thanks for the clarifications. Need a few more, pls refer to my inline comments.

2. I read in few threads abt COS (is it change of status ?) and consular processing. What do they mean ? Which is better of the two with respect to my situation ? I was unable to get valid results when I searched for them on the forum hence the Q.
>>> COS - the H1B approval notice will come with a new I-94 and you should be working for the H1B sponsor as of the I-94 effective date. Any employment with the L1 employer after the H1B effective date is illegal. You can start working for the H1B employer without leaving the country and there is no need to get the H1B visa stamped until the time you leave U.S and want to return back in H1B status.
***This I-94 date is usually dated from 1st October 2012 or can it be any date ?

Consular process - The H1B approval will come without a new I-94. You will remain to be in L1 status (if your L1 extension is approved and until the L1 I-94 expiry date) and can continue to work for the L1 employer. You cannot work for the H1B sponsor unless you leave the country, get the H1B visa stamped and return back in H1B visa.
***Since this being my first H1B filing, if it comes through consular process, can I get the stamping from any country or should it always has to be my country of origin ?


4. Will my L1 extension application have any effect on my future H1 application or will my future H1 application have effect on my current L1 extension application ?
>>> No. They are independent.
***If I make a H1B filing through company 'X', Will USICS inform my current employer 'Y' abt my H1B filing ? Or can my current employer come to know of through any other means ?

[shervin143]

***This I-94 date is usually dated from 1st October 2012 or can it be any date ?
>>> The employer can request a start date of up to 6 months in the future. If the employer requests for an immediate start date, then it will be Oct 1st. If the petition gets approved after Oct 1st, the effective date will be later.

***Since this being my first H1B filing, if it comes through consular process, can I get the stamping from any country or should it always has to be my country of origin ?
>>> First time H1B stamping should be from your home country.

***If I make a H1B filing through company 'X', Will USICS inform my current employer 'Y' abt my H1B filing ?
>>> No.

Or can my current employer come to know of through any other means ?
>>> NOt unless you or someone tells them.

[cosmicfreek]

Company 'X' claims to have filed my H1-B application this past wednesday and on friday I was given a case status number.

1. Is it possible to get a case status number within 2 days of filing H1-B application ?

2. Does getting a case status number guarantee that my application is within the 65,000 cap ?

3. To be sure that company 'X' has really filed for H1-B on my behalf I am looking to get a copy of the receipt. In this regard I would like to know in what format does USCIS inform company 'X' the case status details ? Is it through an email or a printed receipt ? If a printed receipt, how long does USCIS take to send one ?

4. Is there any general time frame as to how long it would take to know the final status of my H1-B application ?

5. Since my H1-B was filed as change of status I know that it has dependency on my pending L1-B extension application. If incase the L1 gets a rejection can we make changes to my H1 application (at a later date) to assume consular process ?

[shervin143]

1. Is it possible to get a case status number within 2 days of filing H1-B application ?
>>> Possible if filed in premium. The attorney will get an email with the receipt number.

2. Does getting a case status number guarantee that my application is within the 65,000 cap ?
>>> I hope you are talking about he receipt number generated by USCIS and not the FedEx tracking number. If you have received a receipt number from USCIS, then you are counted against the CAP.

3. To be sure that company 'X' has really filed for H1-B on my behalf I am looking to get a copy of the receipt. In this regard I would like to know in what format does USCIS inform company 'X' the case status details ? Is it through an email or a printed receipt ? If a printed receipt, how long does USCIS take to send one ?
>>> If filed under premium processing, then the attorney will get an email and later a printed receipt. If filed under normal process, they will get only a printed receipt notice. It usually takes about 2 weeks to get the hardcopy of the receipt notice. recently it has been taking months to get the receipt notice due to large volume of applications being filed.

4. Is there any general time frame as to how long it would take to know the final status of my H1-B application ?
>>> 2-4 months by normal process and 15 days by premium.

5. Since my H1-B was filed as change of status I know that it has dependency on my pending L1-B extension application. If incase the L1 gets a rejection can we make changes to my H1 application (at a later date) to assume consular process?
>>> If L1 is rejected, then H1B may automatically get approved for CP. Yu don't have to do anything.

[anil.7893]

I am in a similar situation:

I am currently on L1 due to expire in Jan'2013..My present employer has filed H1 for FY 2013...The situation starts like this...My wife has accepted employment(L2 EAD) this June and before she could file for H1(FY 2013) the CAP is closed...Now in order to not break her employment, I am proposing this to my employer:

a)
1) Process L1 extension under PP if it works out , we'll withdraw H1 petition...
2 If L1 is rejected my H1 processing will continue and she will continue working from her company's India subsidiary...and she will try to file under FY 2014....

Is this plan workable...

b) Until what status of H1 processing can we withdraw the petition..Say in case 1 of the above question L1 is under review and H1 is also under review...If L1 decision takes longer than H1...Can I withdraw my H1 petition after I get my L1 approval..even if H1 is DECISION PENDING/APPROVED

c) If I have both of them approved, can I choose to stay on either of them?

[shervin143]

a)
1) Process L1 extension under PP if it works out , we'll withdraw H1 petition...
2 If L1 is rejected my H1 processing will continue and she will continue working from her company's India subsidiary...and she will try to file under FY 2014....

Is this plan workable...
>>> It will work if your H1B is not taken for processing by that time. If the H1B is under process, then you cannot withdraw it.

b) Until what status of H1 processing can we withdraw the petition..Say in case 1 of the above question L1 is under review and H1 is also under review...If L1 decision takes longer than H1...Can I withdraw my H1 petition after I get my L1 approval..even if H1 is DECISION PENDING/APPROVED
>>> Once the decision is made, the approval will come with a new I-94 and your status will automatically change to H1B as of the H1B effective date. If you want to continue in L1, leave the country before the H1B effective date (return all the I-94 including the ones that will come with L1 and H1B approval notices) and return back in L1 visa after the H1B effective date.

c) If I have both of them approved, can I choose to stay on either of them?
>>> No. Search and read about the last action rule. Your status will change as per the last petition that gets effective. If you want to cintinue to be in L1, you need to do a leap frog (as mentioned in answer b).

[cosmicfreek]

1. Is it possible to get a case status number within 2 days of filing H1-B application ?
>>> Possible if filed in premium. The attorney will get an email with the receipt number.

The employer clarified that it was not filed in premium, he says I was lucky to get a receipt number (EACxxxxxxx) in just few days. He said that he got this number from the H1-B fee cheque encashment. This looks like cooked up story to me, is it possible to know the case status number this way ?

Also can a H-b or L1-B application filed already through normal process be changed to premium processing halfway through ? If yes then what kind of additional paperwork would be needed ?

[shervin143]

The employer clarified that it was not filed in premium, he says I was lucky to get a receipt number (EACxxxxxxx) in just few days. He said that he got this number from the H1-B fee cheque encashment. This looks like cooked up story to me, is it possible to know the case status number this way ?
>>> Possible.

Also can a H-b or L1-B application filed already through normal process be changed to premium processing halfway through ?
>>> Possible.

If yes then what kind of additional paperwork would be needed ?
>>> A cover letter requesting the upgrade, a copy of the receipt notice and a check for the premium processing fee.

[cosmicfreek]

The employer clarified that it was not filed in premium, he says I was lucky to get a receipt number (EACxxxxxxx) in just few days. He said that he got this number from the H1-B fee cheque encashment. This looks like cooked up story to me, is it possible to know the case status number this way ?
>>> Possible.

I'm sorry I coudnt get you there. You meant this could be cooked up story or it is possible to know the case status number through the cheque encashment.

[shervin143]

It is possible to know the receipt number through the check that is cashed.

I'm sorry I coudnt get you there. You meant this could be cooked up story or it is possible to know the case status number through the cheque encashment.

[cosmicfreek]

It is possible to know the receipt number through the check that is cashed.

@shervin143, Thank you very much, your clarifications have been really helpful.

[cosmicfreek]

Company which is processing my H1-B has shared a B&W scanned copy of I-797C receipt (only page 2). For some reason they dont want to show page 1 of I-797C. Though this has my name and EAC number which they shared earlier, I want to check on the genuineness of this I-797C copy shared to me ? Is there a way to do this ?

[shervin143]

Your employer is the only one who can validate it for you. There is no other source to verify it.

Company which is processing my H1-B has shared a B&W scanned copy of I-797C receipt (only page 2). For some reason they dont want to show page 1 of I-797C. Though this has my name and EAC number which they shared earlier, I want to check on the genuineness of this I-797C copy shared to me ? Is there a way to do this ?