L1 to H1 Change of Status issues/concerns

USA H1B Visa
1

Dear Saurabh,

I am currently in L1-B for Company A and the visa is expired on 9th Mar 2013 but i have a valid I-94 till Aug 7th 2013. So the company A saying they will apply for L1 renewal 2 months before I-94 expiration.

I am trying to apply H1 through Company B on Apr 1st 2013 ( i believe through CoS). Once this is in-progress, my company A would be applying for my renewal in Jun 2013.

  1. Will this cause a conflict and my H1 change of status application becomes void after the L1 renewal goes to USCIS or they both will be treated as 2 different requests?

  2. Will I get RFE on my L1 about the conflicting information and my employer A would be notified?

  3. What would be final status in Oct if both H1 approved and then L1 renewal is approved?

  4. Is there a chance both H1 and L1 approved? If so can i continue in L1 with Company A and move to H1 once i get the right job opportunites?

  5. Worst case, if my L1 is rejected in Aug 2013 and fortunately i got the approval for H1 then can i stay in the country with the H1 and start working from Oct 2013?

Please help! I am in a tricky situation.

Thanks Babu

2

  1. Couple of things can happen - USCIS will issue RFE asking for proof of L-1 extension before approving COS; or they approve H-1 w/ COS. In latter, the petition which goes into effect later will determine your eventual status.

  2. The chances of RFE on H-1 COS are higher than that on L-1 extension (wrt 2 petitions).

  3. If H-1 gets approved prior to Oct 1and L-1 gets approved after Oct 1 then your status will be L-1 eventually etc. Search online for Last Action Rule

  4. If your status becomes H-1 based on Last Action Rule, then you need to start working on H-1 and stop working on L-1 from COS effective date

  5. No, you cannot as you will have no I-94 covering the period b/w Aug and Oct.