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Applying for L1 extension, while H1B approved thru another employer
Anonymous2 views4 answers
My L1B with employer A is getting expired on Dec 10, 2012 and applying for L1 extension. I have H1 approved thru employer B in June 2012.
1. Can I file for L1B extension thru emp A even though I have active H1B from emp B.
2. If L1 extension gets rejected in couple of months, can I switch to H1 while in US or do I need to go to my home country to get H1 visa stamping?
3. Can I ask emp B to deactivate/hold H1 petition, so that I can switch to H4 without leaving US, in case L1B extension gets rejected.
4. I believe I can continue working with emp A, if L1 extension is approved.
5. I want to avoid moving to H1 with emp B right away due to family constraints and apply for L1 extension so that I can continue working with emp A at least until L1 gets rejected/approved.
Thank you
SRI
1. yes
2. switch? not necessary, the H 'stays' in place
3. yes .... but it will be messy
4. no ... you must have 'concurrent' H approval to have multiple employers
5. talk to an attorney ... you're trying to 'balance' too many "I want" items.
The long and short of this is that you need to speak to an immigration attorney. Your entire set of questions will be determined on whether your H1 application requested a change of status within the US or Consulate notification. Another key factor would be the requested start date of your H1. If it were for a change of status and the start date has already passed, then you are already in H1 status. Call an attorney ASAP and get clarification on your situation.
1. If by active you mean that USCIS changed your status to H-1B, then no. Your employer will need to file for a change of status back to L-1.
2. It depends on whether by "active" you mean that USCIS changed your status to H-1B.
3. See 2 above
4. See 1 and 2 above
5. See 1 and 2 above
You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.
I agree with my colleagues.
Ardian
GJOKA LAW FIRM, PLLC
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