Will I fall on H-1b or L-1A

[l1btol1a]

Hi, Seniors, Please help me regarding my options based on following thing.

I was on L-1B and applied for COS from L-1B to H-1B and H-1B approved (Company B) with effective date Oct 1, 2012. Later My L-1b Company applied for COS from L-1B to L-1A and L-1A approved with effective date Oct 1, 2012.

1. Can I continue working with L-1A company?
2. Do we need to revoke/withdraw the H-1B, If I want to continue working with L-1A Company?
3. According Last action rule, my L-1A will active from Oct 1, 2012 right?

Thank you in Advance.

Kiran

[l1btol1a]

Hello Members

Please help me regarding my questions above as the effective date is not more than 1 week.

Thank you

[raghvi]

Hi, Seniors, Please help me regarding my options based on following thing.

I was on L-1B and applied for COS from L-1B to H-1B and H-1B approved (Company B) with effective date Oct 1, 2012. Later My L-1b Company applied for COS from L-1B to L-1A and L-1A approved with effective date Oct 1, 2012.

1. Can I continue working with L-1A company?
2. Do we need to revoke/withdraw the H-1B, If I want to continue working with L-1A Company?
3. According Last action rule, my L-1A will active from Oct 1, 2012 right?

Thank you in Advance.

Kiran

Only USCIS will know what is the last action taken on your petitions. Both the petition were independent and in most likelihood were handled by different officers. And only USCIS will be able to tell what will be your status on 01 Oct 2012. If you want to be absolutely sure, advisable to leave US and return on the Visa and petition that you want to be . If you want to be on L1 get L1 stamp and return on L1, if you want to work with H1 go out of US get H1 stamping and return on H1 employer's petition. If you dotn want to leave US there may not be a fool proof way of determining. This is my opinion not legal advice.

[l1btol1a]

Only USCIS will know what is the last action taken on your petitions. Both the petition were independent and in most likelihood were handled by different officers. And only USCIS will be able to tell what will be your status on 01 Oct 2012. If you want to be absolutely sure, advisable to leave US and return on the Visa and petition that you want to be . If you want to be on L1 get L1 stamp and return on L1, if you want to work with H1 go out of US get H1 stamping and return on H1 employer's petition. If you dotn want to leave US there may not be a fool proof way of determining. This is my opinion not legal advice.

Raghvi, Thank you for reply

I think you are missing one thing that we applied for L-1B to L-1A COS status after my L-B to H-1B COS approval. Please take a look below for clear details.

Company A, L-1B valid till January, 2013

1. L-1B to H-1B (Company B) COS filed in April 2012 and COS was approved in May 2012 with Effective date Oct 1, 2012 (with new I-94 card).
2. L-1B to L-1A (Company A) COS filed in July 2012 and COS was approved in Aug 2012 with Effective date Oct 1, 2012 (with new I-94 card).

In this case, My L-1A I-94 card is replacing the H-1B I-94 card so that my status would be L-1A from Oct 1, 2012 right?

Thank you,
Kiran

[raghvi]

Raghvi, Thank you for reply

I think you are missing one thing that we applied for L-1B to L-1A COS status after my L-B to H-1B COS approval. Please take a look below for clear details.

Company A, L-1B valid till January, 2013

1. L-1B to H-1B (Company B) COS filed in April 2012 and COS was approved in May 2012 with Effective date Oct 1, 2012 (with new I-94 card).
2. L-1B to L-1A (Company A) COS filed in July 2012 and COS was approved in Aug 2012 with Effective date Oct 1, 2012 (with new I-94 card).

In this case, My L-1A I-94 card is replacing the H-1B I-94 card so that my status would be L-1A from Oct 1, 2012 right?

Thank you,
Kiran

If your L1 to H1 COS was approved first, technically you should file H1 to L1A and not L1B to L1A , again you may be right, and that is the ambiguity of the Last Action rule. As I said there is no way to be sure. I strongly suggest you talk to an independent lawyer and get this clarified.

This is my opinion not legal advice.