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?

Asked over 1 year ago - 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?

Additional information

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. F. J. Capriotti III

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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... more
  2. Haroen Calehr

    Pro

    Contributor Level 17

    3

    Lawyers agree

    1

    Answered . 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.

  3. Samuel Patrick Ouya Maina

    Contributor Level 19

    3

    Lawyers agree

    Answered . I agree with Mr. Capriotti

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more

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