H1b from Employer B. L1A from Employer A

[mcpratap]

Hi all,

 

My case is some what different from others. Let me explain why it is different? I know all my questions are a bit of speculations and assumptions but still please bare me.

 

1) I am working from Dec 2014 to Till Now(Dec 2015) for Employer A in India.

2) Employer B filled my H1B New Petition for FY2016 which got approved and also stamped in Nov 2015.

3) Never traveled to US on L/H/B

 

I want to continue work with Employer A and want to pursue my onsite travel aspiration through employer A as my chances of GC will be much higher, So I had checked with Immigration team in Employer A before H1B gets stamped to transfer the petition, Legal team said its not possible ethically for them because I was an active employee for them during the time of petition processing so they said NO. 

 

I dint not checked with them after stamping, I think possibly it will be the same answer. 

 

How ever now Employer A said the They can file L1A petition for me as I had met all the required criteria. So now confusion starts for me with a lot of questions.

 

1) If they file L1A Individual Fresh/Change of Status(COS) petition, If petition gets denied does it effect the already stamped H1b visa at any time during port of entry If I wish to travel for Employer B at later point of time?

 

2) If they file L1A Individual Fresh petition, If petition gets approved and gets denied in stamping for various reasons. Can I still travel with H1b visa for employer B, if So does it effect the already stamped H1b visa at any time during port of entry.

 

3) If they file L1A Individual Change of Status(COS) petition, If petition gets approved and gets denied in stamping for various reasons. What will the position of H1b Visa is it still valid or it is also not valid as the earlier L1A COS petition made changes to status.

 

Or

 

 L1A Individual Change of Status(COS) petition is not possible for me as I never traveled to US and dost hold any status. I heard this I will only be in status once I reach US. So they cant file COS petition is it correct?

 

4) Employer B filed H1b petition in Software Developer role. I never started working for employer B till now.

How ever I heard L1A is a Managerial role which matches to current Job profile which I perform at Employer A.

 

Since I had an approved H1b visa based on Software developer role from Employer B does it by any chance cause an RFE or denial of L1A petition as a not sufficient managerial capacity  is maintained as international manager.

 

5) Assuming the L1A Individual petition approves and during stamping I knew the question will raise about previous stamped H1b. Is there a chance that Consular may ask me to ask employer to file H1b Transfer petition rather then L1A?

 

6) Assuming the L1A Individual petition approves and during stamping does H1b will be revoked once I get L1A stamped?

 

7) Assuming the L1A Individual petition approves and during stamping does both H1b revoked and L1A denial(Worst Case)?

 

 

Total Intention of me is to travel to US at any cost. Provided in this order of priority

a) Travel with Employer A in L1A as GC chances are high

b) If Travel with Employer A is not possible I should still have chance to travel with Employer B.

c) Or just dont try any of this just quit employer A and travel with employer B to US is best option.

 

Please help me out from my situation for a better way to go to US