L1 B to H1 B transfer

J

jack01

Registered Users (C)
Here's the backgroud -

I was working for company A in US on a L1 B visa. Company B did a L1 B to H1 B transfer in US so that I can work with them from Jan 2005. Validity of H1 B is from 1st October 2004. In between I had to travel back to India and since my L1 B visa had expired, company A got a new L1 B individual visa. I have to now travel to US on this L1.

Here are the questions that I am wondering about -

1. Considering that now I have a new L1-B stamped, Will I be still eligible to work for company B and join them in Jan 2005 on previous H1?

2. If yes, do I need to get H1 B stamped? Can I get Green Card without H1 B getting stamped?

3. Is it possible to have both L1 & H1 visas stamped in the passport? Now that I have L1 stamped, what happens when I go for H1 stamping? Will my existing L1 stamp be cancelled?

Any light on this issue would be great help.

Regards
Jack
 
jack01 said:
1. Considering that now I have a new L1-B stamped, Will I be still eligible to work for company B and join them in Jan 2005 on previous H1?
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You really should speak to your attorney about all of these questions since timing (and to a lesser extent, interpretation of the facts and law) may make a big difference in the result. Tavel while a change of status is pending is considered abandonement of the change of status portion of the application.

jack01 said:
2. If yes, do I need to get H1 B stamped? Can I get Green Card without H1 B getting stamped?
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Since you probably will be considered to have abandoned the COS portion of the H-1B petition, you will need to leave the US, get a visa stamp and reenter on the H-1B stamp to get an H-1B I-94.

jack01 said:
3. Is it possible to have both L1 & H1 visas stamped in the passport? Now that I have L1 stamped, what happens when I go for H1 stamping? Will my existing L1 stamp be cancelled?

Any light on this issue would be great help.

Regards
Jack
Click to expand...


They will probably cancel the L-1 visa stamp without prejudice, although I have seen the consulate deviate from this.
 
Jim -Thanks much for answering the questions.

Looks like then I will have to get H1 B stamped out of US before I start working for company B.

What if H1 B stamping gets rejected? Does the consulate still cancel the previous L1 B stamp. Having both the visas cancelled, I guess won't be able to enter back to US.

Regards
Jack
 
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