H1 or L1 ??

[ab66]

I am in very terrible situation. I need help in this regard.

Case:

My current employer filed for L1 in Jan 2012 and i received my L1 petition in Mar12. My current L1 petition is valid till Aug 12 and thereafter it will expire. So I must attend Visa interview before Aug 12.

Some time in Mar12 I got an offer from an US company which has filed H1B during first week of April. On April 10, USCIS received the documents & the status is still "Initial review" ever after two months.

Initially I thought that within 2 months H1B would be processed as mentioned in USICS website, so I kept on delaying the interview for L1 since i don't want to go US on L1. But only now i am realizing that it may take few more months. It has been long time since i received the L1 petition, so now my manager is forcing me to attend the L1 visa interview & asking questions why am I not going for L1 visa stamping? I can't tell him about my H1B.

Concern:

I can go for L1 visa interview but my main concern is if my L1 got rejected, would it have any impact on the H1B visa processing? Also when I will go for H1B interview, the interviewer will get chance to ask too many questions even if my L1 got approved like Why L1 before ? Now H1?? I have no answer for these question.

Please advice.

[wiweq]

"I can go for L1 visa interview but my main concern is if my L1 got rejected, would it have any impact on the H1B visa processing? "

=> If no fraud involved in L1/ H1b, no problem should be in L1/H1b stamping.

"Also when I will go for H1B interview, the interviewer will get chance to ask too many questions even if my L1 got approved like Why L1 before ?"

=> You have clear cut answer, you got a better offer.

Why did you say it a terrible situation? Why do you doubt that your L1b won't approve?

[ab66]

"Why did you say it a terrible situation? Why do you doubt that your L1b won't approve?"

=>Recently from my current employer, 5 guys attended L1 interview on different days. Two of them got rejected. I spoke to them but no one knows the concrete reason except the interviewer. Some says it all depends on your luck or interviewer's mood. This my main concern, in case, my L1 gets rejected will it have any negative impact on my H1B ? Please advice.

[ab66]

Also Shall I go for L1 visa interview now or shall i wait for some more time?

[wiweq]

Recently from my current employer, 5 guys attended L1 interview on different days. Two of them got rejected. I spoke to them but no one knows the concrete reason except the interviewer. Some says it all depends on your luck or interviewer's mood. This my main concern, in case, my L1 gets rejected will it have any negative impact on my H1B ? Please advice.

=> Rejection of L1 shouldn't create any problem for H1b given that no fraud involved either by employer side or employee side.

To make sure, do some research on USCIS site and learn about the regulations of both.