Can a L1/new H1 petition be filed while having a valid H1 petition for 2010 quota

S

sourav24783

New Member
Hi,

I have a complex situation here and would need your help in deciding the next step.

Currently I am employed with Company A, and I have filed my H1B petition through a different Company B. My petition was approved in Aug and I appeared for interview in Sept 2010. Unfortunately I was handed over 221G yellow in the interview and further documents were requested. I have submitted the documents on Nov 2010, but still did not get any reply.

Now my current employer, Company A, is ready to file a L1 or a H1 for 2011 quota. All I wanted to know is, if Company A can go ahead and file a L1 or a new H1 for me while I have not received any decision on my existing H1 petition. If yes, what is the earliest that can be done? What might be the consequences?

Thanks in advance.
 
sourav24783 said:
Hi,
My petition was approved in Aug and I appeared for interview in Sept 2010. Unfortunately I was handed over 221G yellow in the interview and further documents were requested.
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Seems to me that you're confusing H1B petition and visa application. If your H1B petition was approved on 2010 quota, you don't need to ask for another one from 2011 quota, you need to ask for another one based on 2010 quota (so called "H1B transfer").

Re 221G - if they give you the visa - you're good (unless the new company gets an L1 for you, then you'll have to apply for an L1 visa again). If they decline, you'll have to reapply with the new petition. Note that if they decline because of you, and not because of the employer (whatever reason that is based on your data), then you'll have the same problem when you reapply.
 
@littleadv

Thanks for your reply. What I am worried about is, say I do not get any decision for 221G for quite some time (heard some ppl getting stuck for more than a year) .. during that period can my current employer file L1 for me (note, a different company filed H1 for me, not my current employer); so what it means is I have not got any decision on my H1B .. and I am filing for L1 . What might be the consequences? Is it legal?
 
I don't see why it's not legal, but you may find yourself with the same 221G again, if the reason is still there.
 
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