Can COS to L1 A and H1B be filed simultaneously

USA H1B Visa
1

I am currently on L1B blanket , can a change of status to L1 A blanket and H1B be filed simultaneously?

My employer just filed for change of status to L1A blanket but now I asking them to try the option to file COS to H1B. Is it possible?

2

Yes, they can be filed in parallel. The petition that gets approved later will determine your eventual status.

  • L-1A COS approved followed by H-1B COS approval => you will be on L-1A b/w it’s approval and H-1 approval (or Oct 1) and on H-1 thereafter

  • H-1B COS approved followed by L-1A COS approval (prior to Oct 1) => you will be on L-1B until L-1A approval, then on L-1A from its approval date and finally on H-1 from Oct 1

  • H-1B COS approved followed by L-1A COS approval (after Oct 1) => you will be on L-1B until L-1A approval, then on L-1A from Oct 1

Remember it’s not the approval date that matters for H-1. It’s the date it goes into effect. So H-1 COS approved in July will still go into effect from Oct 1 and invalidate any L-1 COS approved b/w July and Oct.

Suggest talking to your attorney as well about it.