H1 - L1 Conversion

[pkiranreddy]

Hello,

I work for a MNC in India. I got my H1-B visa (through a consultant) stamped in Oct this year. (I have not entered the US using H1-B visa. H1-B petition's validity is upto Oct 2009.) My current employer in India has offerred me a position in the US, he is planning me to send there on L1-A visa.

a) When I get L1-A visa stamped on my passport, will my existing H1-B visa gets cancelled ? If yes, will the petition also be cancelled automatically ? Can I use the same H1-B petition again and go back to the consultant company when my L1-A visa expires ?

b) I heard that Green Process for L1-A visa holders is much faster. Is it true ?
Does anyone know how much time it took in case of L1-A holders ?

Any information in this regard with be immensely appreciated.

Thank you

 

[GotPR?]

a) there is a chance that your H1 stamp might be cancelled, but H1 petition is valid unless H1 employer cancels the petition.
b). In your case, L1A may qualify you to EB1 which gives you big benefit
especially if you were born in India.

 

[pkiranreddy]

Thank you very much for you response ..

Few more questions in continuation ..

Lets assume that the Visa Consular doesnt cancell my H1-B stamping( and my employer doesnt cancell my petition also.), then in that case, can I use the same H1-B visa to get a different I-94 (if my employer terminates my employment on L1-A visa.)

If Visa consular does cancell my H1-B stamp (but my employer doesnt cancell my H1-B petition), then in this case, can I use the same petition to get a different I-94 on the old H1-B petition.

How much time will it usually take to get an I-94, while in the US ?

Will anytime of my stay be considered illegal during this L1 to H1 transition ?

 

[GotPR?]

Lets assume that the Visa Consular doesnt cancell my H1-B stamping( and my employer doesnt cancell my petition also.), then in that case, can I use the same H1-B visa to get a different I-94 (if my employer terminates my employment on L1-A visa.)

Yes, if you are still employed by H1 sponsor.

If Visa consular does cancell my H1-B stamp (but my employer doesnt cancell my H1-B petition), then in this case, can I use the same petition to get a different I-94 on the old H1-B petition.

No, you will be denied entry if you tried to use cancelled stamp.

Will anytime of my stay be considered illegal during this L1 to H1 transition ?

if you filed change of status in timely manner, you are considered legal as long as petition is pending.