Can hold L1 and H1 Visa at the same time?

kumar.collabora

New Member
Request your valuable inputs on the below queries.

If one has L1 Visa with an employer A and living in India and filed H1B Visa thru employer A (H1 - Visa to be issued abroad) and the work petition is approved and have plans to go for Visa stamping in near future. Currently working with employer A.

(1) If H1B Visa is approved, Will L1 Visa gets cancelled?
(2) If 'No' for Question 1, Can one can use any of the Visa based on his/her decision to stay with Employer A or B?

Please provide your thoughts / other concerns or inputs on the above scenario.

I will be really grateful / thankful for your valuable detailed information.
 
No, you may not "hold" both statuses simultaneously. You can only have ONE nonimmigrant status at the same time. You can have multiple visas in your passport but you will only "be" in one status at a time. You chose which one to present and CBP admits you in one and USCIS can only change you to one at a time. These two nonimmigrant visas allow you to pursue immigrant status simultaneously but once immigrant status is granted, you will no longer be a nonimmigrant.

Each nonimmigrant visa and thus your nonimmigrant status is tied to the employer who filed the petition for that status on your behalf.
 
No, you may not "hold" both statuses simultaneously. You can only have ONE nonimmigrant status at the same time. You can have multiple visas in your passport but you will only "be" in one status at a time. You chose which one to present and CBP admits you in one and USCIS can only change you to one at a time. These two nonimmigrant visas allow you to pursue immigrant status simultaneously but once immigrant status is granted, you will no longer be a nonimmigrant.

Each nonimmigrant visa and thus your nonimmigrant status is tied to the employer who filed the petition for that status on your behalf.



Thanks for your response. What do you mean by " You can have multiple visas in your passport"?

As I said that am working in employer A and outside US and having L1 Visa and plan to go for H1 Visa stamping in my country which has filed by employer B. In my Visa stamping, If my H1B is approved, Will L1 be cancelled immediately?

I mean, First I like to see My H1B is approved or not. Once It is approved, I want even continue my work with employer A for some time still employer B tells me the project start date (Assume it takes somwhere between 3- 6 months in worst case). In this mean time, Can I travel thru my L1 for a short term assignment for Employer A even I have H1B and come back to my country, resign from Employer A and travel to USA thru Employer B - H1?
 
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