H1 Approved for 2014, but employer applying for L1b extension

USA H1B Visa
1

I appreciate if some one can share their experiences and answer.

I am working for employer A on L1B. My L1B is expiring on May-30-2013.
On Apr-24-2013 I got my a H1B approved from employer B.
As of today my H1B is approved to start work from Oct-01-2013, what happens if my current employer files extension of L1b.

Question is:

  1. If we process my L1B in May 2013 from current employer A and if its gets approved June 2013, will it override my H1 from employer B.
  2. If L1B gets approved in June and I want to quit company A on Sep 30 and I want to work with employer B from Oct-1-2013, will it be any issue, do I have to do some paper work or change of status?
2

Hi there,

  1. First of all, your employer must apply for your L1B extension before it expires in May-2013. Or else, you can not legally work on L1B beyond May-2013.

  2. As your H1B is already approved (effective start of 1-Oct-2013), and assuming that company B had filed for change of status(most likely case), then you must be working with Company B from 1st-Oct-2013 onwards. Your L1B(even after extension approval) will be void from 01-Oct-2013 - IF THE L1B EXTENSION GOT APPROVED ON OR BEFORE 30-SEP-2013. If L1B extension gets approved after 01-Oct-2013, then I am not sure how the “last action” rule will apply in that case. Consult an attorney in that regard.

2.a If Company B has not filed for CoS, and just for H1B consular processing, then in that case you will need to travel outside US to get the visa stamped. In this case your approved L1B extension will remain valid beyond 01-Oct-2013 until you go for H1B stamping.

2.b If you travel outside of US before 01-Oct-2013, then the whole equation will change. Better advised not to travel.

In short - make sure/inquire that Company B has filed for Change of Status(CoS) AND also apply for L1B extension with Company A, work with them until 30-SEP-2013(that should be your last day @ Company A).

3

Thanks for the response.

So it appears that if L1B gets approved before or after Oct-01-2013, it does not over rides my H1B which starts from Oct-01-2013 and H1B remains intact, that’s what I wanted to have.

Also for H1B I believe its COS change, But I will check again .