L1B to H1B - Cap exempt

[hou2hou]

Need help, my current situation is -

 

- L1B expired and received RFE (need to respond by April'14 end).

- I have expired H1B petition notice from my ex-employer

 

1) Got new offer from US employer and they filed L1B to H1B COS last week

2) However, got another offer from another US employer too and they are also willing to do L1B to H1B COS this week.

 

Question -

a) Will there be any problem as 2 employer filled COS almost at same time?

b) If I get approved H1B, do we still have to respond to L1B REF? Can we not just ignore it?

 

Thanks,

[jairichi]

Need help, my current situation is -

 

- L1B expired and received RFE (need to respond by April'14 end).

- I have expired H1B petition notice from my ex-employer

 

1) Got new offer from US employer and they filed L1B to H1B COS last week

2) However, got another offer from another US employer too and they are also willing to do L1B to H1B COS this week.

 

Question -

a) Will there be any problem as 2 employer filled COS almost at same time?

b) If I get approved H1B, do we still have to respond to L1B REF? Can we not just ignore it?

 

Thanks,

a) No.

b) No.

[hou2hou]

Thanks. What happens if -

 

1) My new employer have already applied L1B to H1B COS..and its in process...

2) My current employer responds to REF and L1B gets rejected.

 

Will I still get H1B in this case?

[jairichi]

Thanks. What happens if -

 

1) My new employer have already applied L1B to H1B COS..and its in process...

2) My current employer responds to REF and L1B gets rejected.

 

Will I still get H1B in this case?

Yes, provided all documents are good. Also, if your L1B I94 has expired by now and L1B extension petition gets rejected then your H1B would be approved as consular processing.

[hou2hou]

thanks.

[hou2hou]

I am getting confused with different conditions for Consular Processing online - please confirm in this case of Consular Processing (L1B to H1B COS) - will I  be eligible to do it from Mexico/Canada/Jamaica/Bahamas or I will have to stamp it ONLY from India (my country of citizenship)?

[jairichi]

I am getting confused with different conditions for Consular Processing online - please confirm in this case of Consular Processing (L1B to H1B COS) - will I  be eligible to do it from Mexico/Canada/Jamaica/Bahamas or I will have to stamp it ONLY from India (my country of citizenship)?

If this is your first H1B stamping then in Mexico it is a NO. You can go to Canada/Jamaica or home country.

[hou2hou]

Thanks. Could you please double check if I can go to Canada/Jamaica for Consular Processing (L1 to H1B transfer for the first time)? Their website info is not clear.

 

 

Additionally If I plan to go to India-

Is it mandatory for my L2 dependents to accompany me to India? I am planning to go alone and get H1B stamp -> re-enter US on H1B - and then apply for L2 to H4 visa transfer from US itself.

[jairichi]

Thanks. Could you please double check if I can go to Canada/Jamaica for Consular Processing (L1 to H1B transfer for the first time)? Their website info is not clear.

 

 

Additionally If I plan to go to India-

Is it mandatory for my L2 dependents to accompany me to India? I am planning to go alone and get H1B stamp -> re-enter US on H1B - and then apply for L2 to H4 visa transfer from US itself.

Visa stamping at US consulate, Canada is at the discretion of VO. You can go to a US consulate in Jamaica. It is always better to go to home country.

You can do that. What would be your dependents status if your stamping is delayed for a long time? In that situation their presence is illegal.

[hou2hou]

thanks. How much 'long time' you are talking here. I heard that once I have booked appointment pretty much in 2 days you will get back passports stamped. Is this not true?

[jairichi]

thanks. How much 'long time' you are talking here. I heard that once I have booked appointment pretty much in 2 days you will get back passports stamped. Is this not true?

If no 221g then in 2 to 4 days you would get your passport back.

[hou2hou]

New situation came up -

 

Context -

1) L1B already expired, I94 already expired..extension and applied and RFE to be responded by mid May

2) Old H1B petition from my ex-employer being used by Employer-A  (L1B to H1B transfer) under premium processing. Got RFE for this too and we had responded. Still no response.

 

Issue - Employer-A now turned down the offer and no more interested in my profile. However, I have another Employer-B who is interested in filing L1B to H1B transfer.

 

Question

1) Given that Employer-A transfer is still in process will there be any problem if Employer-B also files application for L1B-H1B transfer using same petition?

 

2) Do you think I should withdraw the application for employer-A? 

 

3) What If Employer-A application is approved then will there be any problem with my L1B status till since I wont join Employer-A as they are no more interested?

 

Thanks,

[jairichi]

New situation came up -

 

Context -

1) L1B already expired, I94 already expired..extension and applied and RFE to be responded by mid May

2) Old H1B petition from my ex-employer being used by Employer-A  (L1B to H1B transfer) under premium processing. Got RFE for this too and we had responded. Still no response.

 

Issue - Employer-A now turned down the offer and no more interested in my profile. However, I have another Employer-B who is interested in filing L1B to H1B transfer.

 

Question

1) Given that Employer-A transfer is still in process will there be any problem if Employer-B also files application for L1B-H1B transfer using same petition?

 

2) Do you think I should withdraw the application for employer-A? 

 

3) What If Employer-A application is approved then will there be any problem with my L1B status till since I wont join Employer-A as they are no more interested?

 

Thanks,

1. No issue. But, it will be a bridge application as your I94 has expired and extension is pending.

2. Does not make a difference.

3. L1B status will not be affected.

[hou2hou]

1) Is a bridge applicable in case of L1B extensions? I think its the case only when your H1B extension is under process. Please confirm.

2) Employer-A petition is approved but I don't want to join them as they don't have any client work. So, question is - can I still continue to work for my current employer and wait for their L1B RFE decision (I am in U.S)?

3) What happens to Employer-A's approved petition if my L1B RFE is rejected (I am in U.S)? Will I be able to use it in future?

 

 

Thanks,

[jairichi]

1) Is a bridge applicable in case of L1B extensions? I think its the case only when your H1B extension is under process. Please confirm.

2) Employer-A petition is approved but I don't want to join them as they don't have any client work. So, question is - can I still continue to work for my current employer and wait for their L1B RFE decision (I am in U.S)?

3) What happens to Employer-A's approved petition if my L1B RFE is rejected (I am in U.S)? Will I be able to use it in future?

 

 

Thanks,

1. Yes.

2. If approved as COS you need to stop working for L1B employer right away and have 60 days to report to employer A.

3. It will still be active until they revoke it.

[hou2hou]

For response 2) - I don' t want to join employer A, what do I do? A new employer-B has filed L1B to H1B transfer under premium processing and I want to join only employer-B.

Please let me know.

[jairichi]

For response 2) - I don' t want to join employer A, what do I do? A new employer-B has filed L1B to H1B transfer under premium processing and I want to join only employer-B.

Please let me know.

If your L1B to H1B with employer B is approved with I-94 you can directly join B. If there is no I94 then you need to exit and enter US with a valid H1B visa and I797.

[hou2hou]

Okay. But do I have to do anything with approved I-94 for employer-A?

 

Also, given that employer-B has filed petition just now, do I have to inform them about I-94 approval from Employer-A?

[jairichi]

Okay. But do I have to do anything with approved I-94 for employer-A?

 

Also, given that employer-B has filed petition just now, do I have to inform them about I-94 approval from Employer-A?

1. No.

2. Not required. But, nothing wrong in informing them.

[hou2hou]

Thanks.

 

I have received I129 Approval. But how can I confirm if I need to enter and exit U.S? They didn't mention this explicitly. Is there any separate document or comment that tells me to have my I94 extended (and need not have to stamp H1 and come back)?

[jairichi]

Thanks.

 

I have received I129 Approval. But how can I confirm if I need to enter and exit U.S? They didn't mention this explicitly. Is there any separate document or comment that tells me to have my I94 extended (and need not have to stamp H1 and come back)?

Your I797 has to have an I94 attached at the bottom. If you do not have one then you need to exit and enter US with a valid visa and approval notice.

[hou2hou]

Hi,

 

Got I94 attached to my I797. It has extended stay (a new employer had applied for L1B to H1B transfer CoS).

 

However, my current employer planning to respond to L1B RFE. 

 

1) What if we respond to this L1B RFE and ultimately it gets approved? Does it impact my new status of H1B?

 

2) What if we respond to this L1B RFE and ultimately it gets denied? Does it impact my new status of H1B?

 

3) What if I ask current employer not to respond and withdraw L1B extension? Does it impact my new status of H1B?

 

4) What is best course of action you would recommend? (I want to join new employer and be on H1B).

 

 

Thanks in advance!

[jairichi]

Hi,

 

Got I94 attached to my I797. It has extended stay (a new employer had applied for L1B to H1B transfer CoS).

 

However, my current employer planning to respond to L1B RFE. 

 

1) What if we respond to this L1B RFE and ultimately it gets approved? Does it impact my new status of H1B?

 

2) What if we respond to this L1B RFE and ultimately it gets denied? Does it impact my new status of H1B?

 

3) What if I ask current employer not to respond and withdraw L1B extension? Does it impact my new status of H1B?

 

4) What is best course of action you would recommend? (I want to join new employer and be on H1B).

 

 

Thanks in advance!

1. Yes. According to last action rule if your L1B extension is approved after your L1B to H1B COS application then you will be on L1B status.

2. No, your H1B status will hold.

3. Refer 2.

4. Ask L1B employer either to withdraw L1B extension petition. Serve the notice period and immediately move to H1B employer.

[hou2hou]

Thanks Jairichi!

[hou2hou]

Hi,

 

Could you please re-confirm following which I got some info (reponse in red) -

 

2) Will there be any issue/implications to my H1B status if L1B visa is rejected?  - Potentially.  USCIS could revoke the Change of status portion of the approval which would mean that you would have to depart the U.S., apply for an H-1B visa stamp and re-enter in H-1B status.

 

 

I am worried because, I am getting two different answers. Please help.