L1B petition with employer A is in progresss and H1B with Employer B is in progress


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Dear All,

My L1/I94 was expired on 01-Oct-2016 and current employer A has filed for extension and I got RFC on it on 12/08. Also, please note that that presently I am working in Location 1.

In Parallel, my H1 is also in progress with Employer B for location 2 and presently there is RFC on it as well.  

Case 1: If my H1 RFC is submitted and if it is approved first for Location 2,

a.      Is working for current employer in Location 1 on notice period is legal (while my L1 extension is still in progress/RFC)?

b.      What will happen if my current Employer A withdraws L1B Extension? Can I still serve the notice? Will it be legal?

c.      If my current employer do not withdraw L1 petition and if it gets approved at a later time then according to last action rule, is it that I will be considered on L1 status from the date of L1 extension approval? Kindly advice what could be my best action without leaving the country?

d.      What will happen if my L1 is rejected at the later time?

Case 2: If my L1 is approved first

a.      If H1 is approved for location 2, is working for current employer in Location 1 on notice period is legal?

b.      If H1 is denied, will it impact my L1 status? Can I still continue on L1b?

 Kindly advice.




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