Legal Question in Immigration Law in Michigan

Hello Experts,

I work for Employer A in L1B Visa and my I94 expires on 15-Sep-2013. I appplied for L1B Extension on Jun-18-2013 and got RFE.

I also applied for H1B through Employer B and it got approved. The document clearly says that My petition and Change of status is approved and has I94 with start date 01-oct-2013 to 17-jun-2016

Questions:-

1. Can i start working for Employer B from 1-0ct-2013 when my L1B Extension in RFE

and I94 expired from 15-SEP-2013.

2. If there is a option to start working for Employer B , and some decison is taken on L1B , will it be a problem for me to stay here and work for Employer B.

3. Is my H1B COS valid on 01-oct-2013 ? i wont have any status on 16-sep-2013 to 30-sep-2013 and all i have is L1B RFE during this period.

Please advice


Asked on 8/17/13, 9:25 pm

2 Answers from Attorneys

ANUJ SHARMA, ESQ. A SHARMA LAW FIRM, PLLC

Yes, you should be able to work Enmployer B. Please call for any other questions you may have.

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Answered on 8/19/13, 9:17 am
Marlene Hemmings Marlene Hemmings, Attorney at Law

I would highly recommend that you discuss this matter with the attorney who filed your H-1B case.

Also keep in mind that your 5 yr L-1B maximum period of stay permitted includes all cumulative periods in both L-1B and H-1B status.

If your L-1B employer has already filed the RFE response, they/you might want to consider premium processing, if you have not received a response yet & are concerned about a gap in status.

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Answered on 8/19/13, 7:04 pm


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