L1 got Rfe..applying for H1 in premium

Hi, My L1B expired on Jan 2013 and my company filed for m y extention and it is in RFE and need to respond by April end. I am planning to apply for H1 B under premium processing. 1. What in case my H1 petition gets approved before L1B? Will it impact L1 processing? 2. in case my H1 and L1 both get approved what will happen? Which Visa will be considered first and when can I change my status from L1 to H1 2. if my L1 B reject before October 1st do I need to leave the country? If yes can I go for my H1 B Stamping in India and come back?

  1. Generally it doesn’t as H-1 is approved for a future date of Oct 1

  2. Both petitions will have an I-94 attached which will have start date mentioned on it. Those will go into effect on the mentioned date. So if H-1 gets approved and then L-1 (prior to Oct 1), then you will remain on L-1 till Oct 1 and then move to H-1 etc

  3. If L-1 is denied, then you need to leave (if this happens prior to Oct 1). Also, if H-1 is approved w/o COS then you need to leave as per your L-1 dates.

Thanks for your reply.
Do I need to go on H1 from Oct 1 or I can wait till I get a better offer.

Can I change my employer and employee once petition is approved. Is there any legal complications? What all documents I will need to do so.

If H-1 has been approved w/ I-94, then it will go into effect from Oct 1 and you need to work on H-1. If you want to wait for better employers, then don’t file H-1 w/ COS, or leave US and return on L-1 visa to invalidate the approved H-1 COS.

Yes, another employer can file a cap-exempt petition for you once the first petition has been approved. The new employer will need same set of documents as the previous H-1 petition. The extra document is copy of approved H-1 petition or at least the receipt number.

Thanks Saurabh for your reply. Just wanted to let you know that i got my H1 approved without an I94 which means i have to go back to India and the Visa stamped.

My L1B is still under process and i will be completing my 240 days in next 1 week. Hence i am leaving for India next week just in case nothing comes up.

Regarding my H1 approval, my current employer is not sure if he will have any openings in Oct. What in case Client has no openings in Oct ? Can i change my employer ( Company who has filed my H1 Visa) and Employee ( client )?

Currently my current employer ( Company who has filed my H1 Visa) is putting pressure on me to come in Oct else he will cancel my petition ? Is it possible for him to cancel my approved petition ?

You can change employers on H-1 as long as your petition has been approved. You should have a copy of the approval notice or know at least the receipt number for this. This can happen even when you are outside of US.

The current employer can withdraw the H-1 petition. However, you can still go for H-1 transfer even after it has been withdrawn.


I got my I797 approval notice as it has been approved without COS i need to go back to India and get Visa stamping done. Currently i am working for company A (client) through company B ( current company where i am working). Company C ( New company who will be holding my H1) has filed my H1 Visa based on Company A ( as my client was ready to take me in once my H1 is approved).
Now my L1 got denied hence i have to leave US.
I spoke with my client and he is not sure if he will have any opening till Oct. I dont know what to do in this case ? Can i still go for Visa stamping as he has given client letter and other docs. All my paystubs and W2 are with company B. please suggest.

Unless the client A is ready to vouch for your employment from Oct through H-1, you should not use their information. There is a possibility that the consulate will contact A about the project before issuing the visa.

He is giving a verbal commitment, do we need any letter of employment from him ? or if he just say Yes when he gets a call with USCIS. will that be fine. What is the alternate option i can do to get the Visa stamped ?

You should carry client/project information when appearing for stamping. USCIS will either just rely on submitted information or decide to do more thorough check by contacting the client.

You can find another client and appear for stamping using their information (this requires H-1 amendment though). You can also change employer and appear for stamping through them (this requires H-1 transfer though).