Urgent::: Applying H1B by new employer while L1B extension is in progress by current employer


levidavr

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Hi Everyone,

I currently work for company A on L1B VISA. VISA/I-94 expired on 08/Oct/11. For the same L1B extension is applied by company A on 27/Jul/11. On 26/Sep/11, USCIS sent a notice for RFE and my company A's VISA cell/Attornerys are looking into it.

In the meantime, company B is ready to offer me a job/H1B VISA. As my I-94 is already expired, I learned that I can not file H1B with company B with COS. I am lawfully allowed stay here with the L1B extension receipt. So if I apply H1B I have to submit my L1B extension receipt along with supporting documents of H1B. This is called "Bridging" process it seems.

Now my questions are below.

1> Shall I apply H1B premium for consulate processing? So that I can get my H1B petition approved in quicker time frame, and I can wait for my L1B extension decision. If L1B extension is approved, I can apply for COS from L1B to H1B, so that I can work for company B?

2> What will happen if I file my H1B premium with COS? Since my new company B & client are geniune, will my H1B petition be approved? Eventhough COS will be denied as I am on L1B extension.

3> What are all the possible impacts of H1B's decision with respect to L1B extension which is already in process (Bridging)? i.e. worst case scenario of L1B denial by USCIS will impact earlier approved H1B processed thru premium process?

4> The existing L1B extension process will cause any delay in H1B premium (either consulate/COS)?

Please advice and thanks in advance.

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