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Immigration Issues/L1 ext. and H1B filing simultaneously

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Question
Hello Ajay,

My L1B visa (and I-94) validity is till June 29, 2010. My current employer is going to process L1 extension. Simultaneously I am planning to apply for H1 (at the earliest next year-2011) through another company. So My L1 extension and H1 filing will go together.
Is it okay to apply for H1?
If I apply for H1 at the earliest in 2011, so how long will take to complete the process and get H1?
My H1 was denied  in 2006(issued 221g form and asked to produce few docs from petitioner employer), so does it impact while filing new H1 petition?

Thanks in advance!

Best Regards,
Pravin

Answer
Hi,

I believe in your email that you intended to state that your L1 is expiring June 29, 2011 (not 2010). In any event, it is possible for L1 and H1B petitions to be filed by separate employers around the same time. However, if H1B petition is approved and change of status granted to H1B prior to L1 extension approval, then you will automatically be in H1B status as this will have been the "latest action" by the USCIS. It typically takes about 3 months for USCIS to approve an H1B petition after filing.

The earlier denial of visa stamp by a U.S. Consulate should not negatively impact the USCIS approval of H1B petition.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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