L1A to GC and L1A to H1 simultaneous applications

[rajb31]

Hi,

 

I am on L1A right now which is valid until November 2016. My company have agreed to sponsor GC (hopefully on EB1 category) in Feb 2015. I have following questions for which I need some suggestions or confirmation. Appreciate quick and accurate information.

 

1. If I apply for GC in Feb 2015 and also apply for H1B through another employer in April 2015, will there be any conflict between these applications?

2. What if I get my GC before October 2015 and also get my H1B approved? Will my H1B automatically gets void or I have to take some action from my end to surrender the same since I have approved GC?

3. If the GC gets delayed and/or RFE issued beyond October 2015 and my H1B is approved, will H1 automatically gets activated from 1st October 2015 and I have to work for employer B now? If I want to continue to work for my existing employer on L1A until I get GC results, what should I do on H1B?

4. If I stick to current organization on L1A and have also approved H1B from another employer and later if my GC gets rejected, can I move on and use my approved H1B? Or I will have to apply fresh H1 next year?

5. My wife is currently on L2 and looking for a job on EAD. However we are thinking of applying for her H1 in April 2015. Let's say she gets her H1 approved and I also get GC approved before October 2015, then what happens to her H1B?

[jairichi]

1. No.

2. When you have a GC why are you bothered about other visas and status. There is nothing for you to do.

3. If approved as COS from L1 to H1B then you have to immediately stop working for current employer from Oct 1st. You will have 60 days to join H1B employer. If you would like to continue with L1 employer either ask H1B employer not to file your H1B as COS or if approved as COS exit and enter US with a valid L1 visa and I797 by Oct 1st.

4. Yes, you can move from L1 to H1B and you will be cap exempt.

5. She will stay on H1B unless and until you add her to your GC filing.

[rajb31]

Thanks Jairichi for your response. Appreciate your help.