Impact of L1 extension on H1B

J

jegan123

New Member
Hi, Please help me.

I am an Indian and I'm on my L1 visa for Employer A.
I have got H1B approved through Employer B this year (2008).

Currently I'm still with Employer A on L1.
I dont want to get into H1 visa for Emloyer B till March 2009 due to market conditions.

But my L1 visa is getting expired by December 2008.
And I need to extend my L1 visa for Employer A.

Will this L1 extension in anyway impact my H1 status?

I Appreciate your time and help!
 
When you got your H-1B approval from USCIS, did Employer B also request a change of status?

Is your H-1B starting date (should be shown in your H-1B approval notice) October 1, 2008?

Did your H-1B approval notice come with a tear-off portion of a replacement I-94?

If the answers to the above questions are yes, you will be (strictly speaking) in violation of your status by still working for Employer A to begin with.

If Employer B did not request a change of status, you "should" be able to extend L-1 status.

Even if you successfully extend L-1 status beyond December 2008, you won't lose your H-1B "petition" approval. All you have to do is to go outside the U.S., get your H-1B visa stamp, and reenter the U.S. with your new H-1B visa. But there are some risks involved with filing L-1 extension while ignoring the H-1B approval. It is possible that somewhere along the line either USCIS or Consulate may question the validity of your H-1B approval, because you file L-1 extension AFTER your H-1B petition was approved.

If a change of status was requested and authorized, try to find a way to start working for Employer B sooner. From immigration viewpoint, this should be the safest course of action. I understand your situation, but do not complicate things if you don't have to.
 
Similar problem L1b to H1b

I work for comp a on L1b, got h1b this year with COS thru comp b.
but i am continuing with comp a on L1b.
my L1b expired in Nov and applied for Extension before the L1b expire date.
Q. if my L1B extension is rejected, what are the options i have.
Can i still go to comp b on H1 as I got H1 approved with i-94 valid for 3 yrs.
If not what are the possible options.
Q. If i get extension, and later on if i want go to H1b company, will there be any problem

Please advise me the better solution.
thankyou
indra
 
Indra, any updates on with your case. I am in the same boat. did it get rejected or approved for you?
 
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