L1 B Visa stamping with an approved H1 B

USA H1B Visa
1

Hi,

My L1 B visa got expired Dec 2012 and I am staying on my I-94 which is valid till April 16, 2013. I have recently filed an L1 B Extension in Dec 2012, to which I received an RFE. My employer “A” suggested to either respond to the RFE or file a new L1 B withdrawing the L1 B extension.

Q) If I file a new L1 B now, will I face any problem w.r.t my the extension that I filed in Dec 2012?

I have another employer “B” who is sponsoring my H1 B for this 2014 Cap.

Q) Assuming there are no issues withdrawing the extension filing and my new L1 B gets approved, and if employer “B” files a H1 B in april, how soon can I know the result?

Q) If both my L1 B from employer “A” and H1 B from employer “B” gets approved and I go to India for L1 B visa stamping, will the approved H1 B pose a problem?

Q) If my H1 B is approved and my L1 B visa stamping fails, Can I go for my H1 B visa stamping in India before Oct 2013 and work in US from Oct 2013?

2
  1. It should not cause an issue 2) If the h1 is filled in premium you would get the result within 15 calender days else it may take anywhere between 2-6 months 3) No it should not impact you L1 visa stamping. You might be asked about it and in that case you need to answer honestly about it. 4) Yes
3

Thanks a lot Ankit.

For your 2nd answer, I want to know, if the fresh L1 B approval gets delayed, I will have 240 days to stay in US. Can I still file my H1 B during this period and if H1 B is approved within 2-6 months duration, can I work on it from Oct 2013?

4

You are already on 240 days grace. Just in case the fresh L1B also runs into an RFE you should get a new 240 day grace period but I am not too sure about it. If you do get a new 240 day grace period and if it is till October 1 then yes you can work till Oct 1 on L1 and then move to H1. But do keep in mind that the application which is approved later would govern your visa status, meaning if fresh L1B runs into RFE, H1 is approved and after some time L1 is also approved then your status would be L1 and you will need to file L1-H1 COS before you can start working for employer B.

5

Thanks Anikit.

6

When they say file a new L-1B - do they mean you leave US and return after getting L-1 visa stamped from a consulate. I don’t see how they can file a new L-1 while you continue to remain in US. It has to be L-1 extension.

Also, the 240 day grace period starts from I-94 expiration date and not L-1 visa stamp date.