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L1-A under RFE and H1-B Approved...

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Situation:

I am currently on L1-B from Company X. Stamped L1-B got expired in Dec-2012. Currently I am staying in US based on I-94. I-94 is valid till Aug-2014.

Earlier Company X was not doing much about filling for visa renewal. So I approached Company Y and they field H1-B. I got the H1-B petition approved. This petition is in effect from 1st October 2013.

Meantime Company X had also started doing L1-A. Last week Company X got the RFE for the L1-A

Need few clarifications:

  1. I am on a project currently from Company X.I am searching for a project based on the H1-B. Till I find the project can I continue working with Company X as the L1-A is under renewal as well from Company X.
  2. Should I inform company X that I am holding H1-B from company Y. Can having H1-B impact the renewal of L1-A.
  3. What will happen to current approved H1-B when I get the L1-A petition gets approved as well?

Thanks

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Filed: Timeline

Was the I-797 for the H1B just the petition approval or was it a change of status? Read the first couple of sentences on the approval notice carefully.

If it was a change of status you CANNOT continue to do work for the L1 company, since you are no longer in L1 status. You MUST start to work for the H1B company or leave the US. But, I'm confused by your statement about looking for a project for the H1B company -- they supposedly have a job/project ready for you or they shouldn't have filed a petition. So, if you got a change of status to H1B you have to contact the H1B company and start working for them -- and they have to find the project for you. If your status changed and you continue to work for the L1 company, you could cause serious problems for any status in the U.S. in the future.

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Was the I-797 for the H1B just the petition approval or was it a change of status? Read the first couple of sentences on the approval notice carefully.

If it was a change of status you CANNOT continue to do work for the L1 company, since you are no longer in L1 status. You MUST start to work for the H1B company or leave the US. But, I'm confused by your statement about looking for a project for the H1B company -- they supposedly have a job/project ready for you or they shouldn't have filed a petition. So, if you got a change of status to H1B you have to contact the H1B company and start working for them -- and they have to find the project for you. If your status changed and you continue to work for the L1 company, you could cause serious problems for any status in the U.S. in the future.

Thanks for the prompt re in touch with reply.

I will get in touch with H1-B company for the details.

Question is even L1-A is under renewal as of today from Company X. Can't I continue to work with Company X till we get the decision on the L1-A?

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Filed: K-1 Visa Country: Wales
Timeline

Why dont you talk to the Lawyer handling the case?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Timeline

Thanks for the prompt re in touch with reply.

I will get in touch with H1-B company for the details.

Question is even L1-A is under renewal as of today from Company X. Can't I continue to work with Company X till we get the decision on the L1-A?

Not if there was a Change of Status approved with the H1B. If so, you are no longer in L1 status -- your are in H1 status and should be working for the second company.

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