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Old 05-31-2009, 05:08 PM
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Default L1 to H1B - COS Question

Hi,

I work for company A and am on L1B visa right now. Company A has agreed to do my L1B to H1B COS processing. I am able to do the conversion outside of the yearly cap and can convert to H1B right away instead of waiting till Oct 1st for the H1B to become effective.

I am interviewing with another company, Company B and they might be ready to do my H1B processing as well. Obviously Company A is not aware of this and I do not want the COS processing by Company A to stop.

My questions

1) If I get an I-94 from both the processing, which will be a valid I-94? the latter one or both?

2) Is it ok for two companies to process COS at the same time?

3) If for some reason Company B's COS is faster than company A's, is it possible to cancel the Company A petition while it is being processed?

4) Is it best for me to wait to get Company A's H1B done and then transfer to Company B? Do I have to wait to get 2 pay stubs in order to do the transfer or can I use the current pay stub because I am right now workign for Company A?
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Old 06-09-2009, 06:50 PM
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Default

Quote:
Originally Posted by sganny View Post
Hi,

I work for company A and am on L1B visa right now. Company A has agreed to do my L1B to H1B COS processing. I am able to do the conversion outside of the yearly cap and can convert to H1B right away instead of waiting till Oct 1st for the H1B to become effective.

I am interviewing with another company, Company B and they might be ready to do my H1B processing as well. Obviously Company A is not aware of this and I do not want the COS processing by Company A to stop.

My questions

1) If I get an I-94 from both the processing, which will be a valid I-94? the latter one or both?

2) Is it ok for two companies to process COS at the same time?

3) If for some reason Company B's COS is faster than company A's, is it possible to cancel the Company A petition while it is being processed?

4) Is it best for me to wait to get Company A's H1B done and then transfer to Company B? Do I have to wait to get 2 pay stubs in order to do the transfer or can I use the current pay stub because I am right now workign for Company A?
1) It depends upon the circumstances, but generally speaking, the latter issued I-94 card is the one that controls, under the so-called "last action doctrine." Whether this "doctrine" has any genuine legal standing is debatable, but the safest assumption is that the last-issued I-94 card is the one that controls your status.

2) It's OK in the sense that it's lawful, but it may have consequences - see 1).

3) It's possible, but not likely -- you should not count on this.

4) To be honest, it's not best to play one company off of the other, keeping the information from both sides. I'm not getting into issues of morality or ethics (though there is that), but just your own self-interest. Too much paper flying around the USCIS with your name on it can lead to unintended consequences. If a subsequently-filed petition by Company B screws up your NIV status gained with Company A (or vice versa), and all this comes to light to either or both employers after the fact, you might just get fired from both.
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