Can I apply for L1 Extension though I applied for H1B in CoS.

[punagani]

Hi I have few questions on my Visa.. Hope I will get the answers from this forum.

Currently I am on L1 B - Visa with Employer "A" and applied H1 from Employer "B", my visa status is showing as "Initial Process" in the USCIS tool. My questions are

1. Can I apply for L1 B extension from Employer "A" since my Visa is going to expire in 2 months (Dec 9 th) and Employer is requesting me to apply for extension?

2. If I apply for L1 Extension, will it cause any impact on H1 application?

3. Can I work in Employer "A" once my H1 is approved?

4. Can I send my dependents to India while H1 is in process, If so how to bring them back here?

5. If I don't want H1, after it is approved, what steps do I need to take to continue with L1 Employer? Can I go to my home country and work with my current employer?? if so what about the approved petition??

Regards,

Lax....

[BenjaminTK]

1. Can I apply for L1 B extension from Employer "A" since my Visa is going to expire in 2 months (Dec 9 th) and Employer is requesting me to apply for extension?

Yes, you can.Is the H1B filed with a COS ? If so, based on the employment start date mentioned in H1 B petition, your status will get changed to H1B from L1B from the date of approval. Say, H1B gets approved on Nov1st while your L1 extension is under processing, you will be on H1B status effecive Nov 1st and your L1B will be invalid. Considering the processing time with USCIS now, you are most likely not to get an L1B extension for another two months.

2. If I apply for L1 Extension, will it cause any impact on H1 application?

Answered above.

3. Can I work in Employer "A" once my H1 is approved?

If H1B is applied as consular processing, you cannot work for the new employer until you get H1B visa stamped on your passport. If that is the case, you can still work for Emp A.

4. Can I send my dependents to India while H1 is in process, If so how to bring them back here?

Have they been added as H4 dependants in your H1B application? You can bring them back to US based on your current status in US. If you are on L1, they need to be L1 dependant.

5. If I don't want H1, after it is approved, what steps do I need to take to continue with L1 Employer? Can I go to my home country and work with my current employer?? if so what about the approved petition??

IF H1B is filed with COS, as soon as it gets approved, fly outside US and re-enter again with L1 status , or work with your current employer in India. The decision on your approved petition is with Emp B who processed that. You cannot get that H1B stamped on your visa without their help.

[punagani]

1. Can I apply for L1 B extension from Employer "A" since my Visa is going to expire in 2 months (Dec 9 th) and Employer is requesting me to apply for extension?

Yes, you can.Is the H1B filed with a COS ? If so, based on the employment start date mentioned in H1 B petition, your status will get changed to H1B from L1B from the date of approval. Say, H1B gets approved on Nov1st while your L1 extension is under processing, you will be on H1B status effecive Nov 1st and your L1B will be invalid. Considering the processing time with USCIS now, you are most likely not to get an L1B extension for another two months.

---> Yes, it is applied as CoS. I have sent all my documents to my current employer "A" and they might apply in the mid of Nov. If I did receive any update on H1 till that time, can I proceed with L1Extension or not? If Employer A applies will it be a Problem for me ??

2. If I apply for L1 Extension, will it cause any impact on H1 application?

Answered above.

3. Can I work in Employer "A" once my H1 is approved?

If H1B is applied as consular processing, you cannot work for the new employer until you get H1B visa stamped on your passport. If that is the case, you can still work for Emp A.

--> It is not through Consular Process, it is through CoS. Still Can I work with employer A??

4. Can I send my dependents to India while H1 is in process, If so how to bring them back here?

Have they been added as H4 dependants in your H1B application? You can bring them back to US based on your current status in US. If you are on L1, they need to be L1 dependant.

​--> They have been added as dependents in my H1B application and they left to Home country recently. Also currently they have L2 visa for next 2 months. I would like to bring them back only in next year 2013. I know that they have to go for H4 stamping and then only can come to US. Can they alone go for stamping or my presence is needed?

5. If I don't want H1, after it is approved, what steps do I need to take to continue with L1 Employer? Can I go to my home country and work with my current employer?? if so what about the approved petition??

IF H1B is filed with COS, as soon as it gets approved, fly outside US and re-enter again with L1 status , or work with your current employer in India. The decision on your approved petition is with Emp B who processed that. You cannot get that H1B stamped on your visa without their help.

--> Will this impact any future H1 or L1 applications?