Immigration Issues/L1B to H1B question

Advertisement


Question
QUESTION: 1) Currently I work for Company A on L1B Blanket VISA status here in the USA, which is valid until Jun 9th 2012. The VISA status and I-94 is valid until 9th June 2012

2) Company B, applied for an H1B with COS in premium processing, which is now approved by USCIS. Validity starts from Oct 1st 2012 and ends on Jul 18th 2015.

3) Now, if Company A files for my L1B extension for the period of Jun 10th 2012 to Sep 30th 2012, and if the L1B extension (filed by company A) gets approved before or after Oct 1st 2012, will this anyway affect my approved H1B with COS petition (filed by company B), which is effective from Oct 1st 2012? Can I work with H1B employer without leaving USA?

4) After the L1B gets approved before or After Oct 1st 2012, can I get my H1B VISA stamping by travelling back to india?

Thanks!

ANSWER: Hi,

In order for you to work for Co. A between June and end of September, Co. A must file an extension of status application on a timely basis.

You can hold only one status at a time in the U.S., and the "latest action" by the USCIS determines the visa status. Since your H1B status takes effect on Oct. 01, you will automatically be in H1B status through Co. B on October 01 without having to depart the U.S. Therefore, you want the extension request through Co. A to be effective prior to Oct. 01. If for some reason it is approved after Oct. 01, you must depart the U.S. and obtain H1B visa stamp and then enter the U.S. in order for H1B status to again be activated upon entry to the U.S.

---------- FOLLOW-UP ----------

QUESTION: Thank you very much Ajay for the valuable response!

I just have one more question -
1) My current employer has filed the L1B extension in regular processing and it reached USCIS Vermont service center, today.

2) My H1B with Company B was approved as Change of Status with an I-94 attached to it. So, if the L1B gets approved before or after H1B effective date i.e., Oct 1st, would H1B petition (that was approved as COS) gets VOID or useless, as the H1B was NOT approved for Consular processing?

3) In the above case, can't I get the H1B visa by travelling back to India, to gain the H1B VISA status?

thanks a lot in advance!

Answer
The H1B approval notice will not become void. If L1B is approved prior to Oct. 01, you will automatically be in H1B status on Oct. 01 (and no longer in L1B status).

If the L1B is approved after Oct. 01, you will automatically be in L1B status (and no longer in H1B status). Then, in order to activate H1B status again, you will need to depart the U.S. and enter the U.S. again with unexpired H1B visa stamp issued by a U.S. Consulate (normally in your home country).

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


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.

©2016 About.com. All rights reserved.