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L1 Extenstion and H1-B via CoS or Consular Processing

Milwaukee, WI |

I am on L1-B with Company A valid till Dec 2013. Now another company B is approaching me for filing H1-B in Apr 2013. But in May 2013 with company A will file for a L1 extension.
I want to know should i get my H1-B filed as a CoS or a Consular Process so that it does not impact my L1 Extension or H1-B petition itself gets void due to L1 Extension.

If L1 Extension gets rejected (which is highly possible), will i be able to use the approved H1-B and move over to Company B. Will i have to go out of US for that or that can be done by being in USA.

Attorney Answers 3


  1. Whether to go for consular processing or change of status is a decision only you and the employer filing can make.

    Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  2. Consular processing. A noncitizen can hold multiple visa stamps in his or her passport and use those in accordance with the purpose of a particular trip. A noncitizen can only be in one status at the time. A noncitizen cannot change status unless the status from which the change is sought is valid on the day when the change of status application is filed. The last action rule applies unless additional H1B employment is claimed instead of change of status. This is why it is always dangerous to file multiple petitions at the same time.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.For legal advice please contact us directly through one of the above.


  3. Have h 1 b filed by company b in April for oct 1st. File L1 extension premium with change of status request in may but requesting extension only from dec 2013. If l1 extension is approved and you prefer to stay on L 1 you can continue to do so without joining employer b in oct, if on the other hand l1 extension is denied you can join employer b on h1 b in oct , as you have filed l1 ext premium you will have your answers before oct 1. Please retain a competent business immmigration attorney

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