H1b filing when COS in progress

USA H1B Visa
1

Hi Saurabh,

I held a H1b visa until May 31st. After this I had to apply for a COS to L2 as I had to leave the employer. The COS has since been in progress. I have now found a new employer who is ready to file my H1b visa. However, the attorneys want to wait until the L2 status is approved. I gather from USCIS that the L2 approval will take at least a month.

Is there a way my new employer can file a H1b visa on my behalf even as the COS is in progress? I am not sure if they are ready for wait for a month before initiating a H1b visa.

Also, I have an approved I-140 petition that was sponsored by my previous employer. The employer has also said that this petition will not be revoked. Will my new employer be able to file for 3-year H1b extensions based on the approved I-140 petition?

Thanks in advance for your responses.

2

Yes, they can file 3 year extension based on I-140 approval.

They can file the H-1 petition for you while you wait for your L-2 COS approval. You can then return to US on stamped H-1 visa and the new approved petition and not wait for COS (current L-2 or L-2-> H-1) to get approved.