New H1B by XYZ consultancy and New L1B by my current company at same time.

[Jith]

Hi Team,

 

One of my friend who is in India applied for H1B through a XYZ US consultancy. He got selected in the lottery and right now H1B application is in RFE state. As he has not yet joined in XYZ US consultancy, he is right now working with his previous Indian company only. Now his current Indian company is willing to apply for a new L1B. 

 

1. Is this new L1B application will cause any problem for H1B processing or vice versa?

 

2. If he stamp L1B before H1B then he can travel to USA and can re-use H1B whenever he wants right?

 

3. If L1B application rejects by USCIS then is that going to reduce his H1B stamping chances?

 

4. As these two applications are from two different companies is that going to be an issue?

 

Kindly help us on this matter.

 

Thanks

Jith

[jairichi]

1. No.

2. Yes, only with a approved petition and valid I797.

3. Depends on reason for denial.

4. No.

[rahul412]

 

1. Is this new L1B application will cause any problem for H1B processing or vice versa?

 

2. If he stamp L1B before H1B then he can travel to USA and can re-use H1B whenever he wants right?

 

3. If L1B application rejects by USCIS then is that going to reduce his H1B stamping chances?

 

4. As these two applications are from two different companies is that going to be an issue?

1. No it won't

2. Yes, but employer has to file COS to H1

3. No

4. No.

[Jith]

Thank You Jai and Rahul!