Clarification on having both L1 and H1 while coming to US

kumarg1

Registered Users (C)
Clarification on having L1 Visa and H1 Approval while coming to US (Very Urgent)

I am currently on L1 visa working in US. My H1B has been processed by a Company in the year 2006 and was approved by INS.

Now I am planning to visit India for a week and would like to come back on L1 visa itself.

My question is: Will my H1 gets cancelled in this situation?

Please answer for my question.

Please someone reply for my question ASAP. It is very urgent for me.
 
Last edited by a moderator:
No, H1 petition remians valid, but you need to get H1 visa stamp before working for H1 sponsor.
 
Thanks You very much for replying to my question.

Iam little bit relieved now.

Please answer to my below question also.

If the H1 petition I have is a H1 COS, Does my H1 will get cancelled when I came back to US on L1 visa?
 
No, H1 is valid, but COS validity is very questionable. Therefore, you need to get H1 stamp
and reenter with it to be on H1 status.
 
In my H1 petition, "The above petition and change of status have been approved" is there.

1, Does that mean, My status is changed from L1 to H1B?

2, Will I be able to go to india and come back on L1 Visa itself?

3, If I go to india, Whether my L1 (or) H1 get cancelled?

4, If I go to india and come back on L1 Visa itself, whether my H1 will get cancelled?

Please answer to my above questions.

Thanks in advance
Kumar
 
kumarg1 said:
In my H1 petition, "The above petition and change of status have been approved" is there.

1, Does that mean, My status is changed from L1 to H1B?

2, Will I be able to go to india and come back on L1 Visa itself?

3, If I go to india, Whether my L1 (or) H1 get cancelled?

4, If I go to india and come back on L1 Visa itself, whether my H1 will get cancelled?

Please answer to my above questions.

Thanks in advance
Kumar
1) If you got I-94 attached to approval notice, your status is changed on start date of H1 which was printed on I-94.
2) Yes, but if you enter the US with L1 visa, your status will be L1.
3) No, petition won't be cancelled unless it is proactively cancelled.
4) The same answer as 3. Won't be cancelled unless sponsor employer cancelled it.
 
Thankyou very much for answering my questions patiently.

Last and Final question:

After my visit to india and coming back on L1 visa into US,

After working on L1 for 1 (or) 2 months, Can I switch to H1 employer without getting H1 stamped?

(or)

Do I need to go out of US (ex: - Canada, Mexico), get H1 stamped in my passport and work for employer who sponspored H1?


Thanks & Regards
Kumar
 
You have to switch to h1 status in either case.
You can do it by reentering the US with H1 stamp, or maybe possible to run COS again.
 
Hi,
I am in exactly similar situation.
1) If I come back to US on my valid L1 visa, how much time will it take to get the new COS again.
2) Do I need to go to India for stamping the H1B, or Can I go to Canada ?

-asmgvl
 
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