Background:
Presently I am working on L1B visa with ABC company. My L1B visa and I-94, both were expired on 31-August-2012. My company has applied for L1B extension on 29-August-2012 and it is still in pending stage. Its current status is “RFE Response Review”.
Meanwhile another company XYZ also applied for my H1B-COS on 8-June-2012 and it is also in pending stage. Its status is “Initial Review”.
Questions:
1) My H1B- COS will be approved by USCIS ?
I am asking this question because currently I am in a "period of stay authorized by the attorney general” (POSABAG). It shouldn't be possible to get a change of status approved when USCIS only knows that I am in a POSABAG, so something isn't adding up. Right ?
2) Let’s say, H1B – COS will be approved by USCIS then What will be its start date?
Will it be 01-Oct-2012 or actual approval date (Jan-2013)?
In either case, my stay in USA after I-94 expiry date (i.e. from 01-Sept-2012 to till H1 approval date) will become illegal. Right ? If not, then where it will be counted?
3) Let’s say, H1B – COS will be approved first by USCIS and after couple of days/weeks, Let’s say, my L1B extension will also be approved by USCIS then as per the Last Action Rule, I would be again go back to my L1B status and my H1B status become invalid. Right ? In this case, How can I go back to H1B status without exiting the country ? Is H1B amendment needed? OR Employer XYZ has to file Change of status to H1Bagain? or Do I need to go back to India or out of USA for H1B stamping ?
4) Now we will consider the reverse case. Let’s say, L1B Extension will be approved first by USCIS and after couple of days/weeks, Let’s say, my H1B COS will also be approved by USCIS then as per the Last Action Rule, I would be again go back to my H1B status and my L1B status become invalid. Right ? In this case, How can I go back to L1B status without exiting the country ? Is L1B amendment needed? or Employer ABC has to file Change of status to L1B again? or Do I need to go back to India or out of USA for L1B stamping ?
5) Whenever I'll receive approved H1B, my L1B will become invalidate and I need to resign from my present employer on the same day and need to join another employer on H1 visa on next day. Right? OR Is there any additional time limit to join new employer (let’s say 7 days or 15 days) ? In this case, if I want to stay with my current L1B employer only, then I can stay in L-1B status with my current employer if I don’t want to accept the new employment on H1B? My H1B will be go away if I don’t join the new employer on H1 visa?
6) Let’s say, both L1B Extension and H1B COS applications are in pending stage. If I go back to back to India and will stay there till I receive approval notice of both visas. I’ll do the stamping of either L1 or H1 in India and then I’ll come back to USA with only one valid I-94. Is this OK ? Is there any risk in this case ?
Please suggest. Thanks a lot in adavnce.
Regards,
Sanjay-
Two things can happen here - USCIS issues RFE asking for proof of L-1 extension or they approve the COS based on pending L-1 extension. I have seen instances of both happening, so can’t say which one will happen in your case.
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It will be the actual approval date. The in-between period will not be considered illegal as your I-94 extension (and also COS) was timely filed. As long as the decision is taken within 240 days from I-94 expiration date, you should be fine.
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The employer will have to file COS from L-1 to H-1 in this case. The other option is to travel out of US, get H-1 visa stamped and then return on that stamped visa.
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Same as (3)
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The person’s COS is effective from the approval date. So you need to join the H-1 employer ASAP, say within 1-2 weeks. However, there is another school of thought, which says that you have up to 60 days to join H-1 employer. You will have to check w/ your attorney.
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This is fine and will remove the complexity involved in (3) and (4). You will have to gauge the chances of getting successful H-1/L-1 stamping done in this case.
Thanks a lot Saurabh for your valuable suggestions.