L1B extension with an H1B approval

Asked over 1 year ago - Hartford, CT

I am on L1B expiring in July 2013. My company has applied for my H1B which is selected in lottery but not approved yet. H1B would start only from Oct 2013 hence my company is planning to apply for my L1B extension in June 2013.

A) Assuming my L1B is approved, I can continue to stay in US after July 2013. Will my status change after October to H1B automatically? or do I have to get stamping done?

B) I learnt that your status is the last action taken by USCIS. In this case how will I know what was the last action, L1B extension or H1 approval?

C) If I have to switch after October 2013 to another employer on H1B, will I have to go out of US and come back with an H1 stamp assuming my L1B is extended and I dont leave USA.

Attorney answers (3)

  1. Alexander Joseph Segal

    Contributor Level 20

    6

    Lawyers agree

    Answered . Your questions makes a lot of sense. What is the attorney for the employer saying?

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . A) Assuming my L1B is approved, I can continue to stay in US after July 2013. Will my status change after October to H1B automatically? or do I have to get stamping done?
    Depends on what USCIS' decision is.

    B) I learnt that your status is the last action taken by USCIS. In this case how will I know what was the last action, L1B extension or H1 approval?
    From the date the action is taken by USCIS.

    C) If I have to switch after October 2013 to another employer on H1B, will I have to go out of US and come back with an H1 stamp assuming my L1B is extended and I dont leave USA.
    Depends on what happens to the two pending applications.

    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... more
  3. Anu Gupta

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . A. It depends. Generally the last approved governs. So if you have pending H1 and L1. If H1 gets approved, later the L1 gets approved, the L1 is your current visa. If you are sure you want the H1 to start, I suggest filing the L1 visa extension till an end date of October 2013 so there is no confusion.

    B. see #A.

    C. If you are on a L1 on October, then decide to file a H1 it will be considered a new H1 since you never joined the first employer on a H1.

    Please keep in mind that this is a general opinion, not legal advice. I recommend you decide what visa status you want to be on, then discuss it with a good attorney so you get what you want. Attorneys are very good at calculating processing times and can time petitions at the time of filing so you end up with the right status.

    Good luck!

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.... more

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