H1 and L1 Queries

[L1H1 0]

Friends, I am selected for H1B lottery and yet to file for petition using employer A. My current employer B wants to apply for L1B petition.

 

1. Is it possible to file both L1 and H1B petitions in parallel using two different employer? Do we have any risk of rejection or questions being asked about one or another petition by counslate?

 

2. If both L1 and H1 petitions are approved and I continue working with my current employer B using L1B. and later is it possible to transfer H1B to my current employer and change from L1 to H1 without working even single day for employer A.

 

3. Please let me know if this is legal and valid case and if any risk ? or any other way to have this done safely ?

 

4. Do we need to activate H1B by moving from employer B to employer A or can we move H1B to employer A directly without moving to employer B ?

[igoyougoduke 1,662]

1) Yes. no risks

2) H1b has a lottery. you cannot switch from L1b to H1b just like that from company A to Company B.  its complicated cause h1b has a annual cap of visas and its almost always over subscribed. So in april of every year you will apply for h1b lottery and if you get selected than h1b will be approved. So you need to get selected for h1b and than h1b has to be approved before transferring to another company on h1b.

 

3) None. you need a lawyer.

4)  See no 2)

[L1H1 0]

Thanks for the reply. But I am already selected for H1B lottery this year with another company and my current company is willing to file L1. So can we process L1 and H1 petition together and I can go to US on L1 and then switch to H1?

 

Do we see any issue if apply for L1 and H1 petition all together? Do we have chance of rejection ?

[Vipula V 0]

Yes you can do that, no risks.