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Can i continue to work on H1B with employer B, if L1 extension applied by employer A gets approved after moving to H1B with COS?

Princeton, NJ |

I was working on L1-B visa for employer A. L1-B expired in Sep12 & extension was applied before expiry. L1-B extension application is still in process. Meanwhile, my H1-B visa got approved with COS from employer B in Dec-12 and i have moved on H1 with employer B. If L1-B extension gets approved now, what will be my status? Can i still continue to work on H1 with my new employer?

If i can stay on H1B only if the L1B extension application gets rejected now, will it be good to request employer A to withdraw the L1 extension application? Can i do something to withdraw it, in case the employer does not agree to withdraw it?

Attorney Answers 3

  1. Last in is what usually applies. So if the H-1B COS from L-1B to H-1B was applied the latest than that means that the L-1B ought to be denied later since you already have your H-1B now which was filed after the L-1B extension with employer A. So you can stay with employer B on your H-1B.

  2. No offense, but, by filing multiple applications, you have made a bit of a 'mess' of things.

    Talk to the immigration lawyer working for the company you want to work for .... be completely honest and have him/her sort things out.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

  3. I agree with Mr. Capriotti

    Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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