Simultaneous L1b and H1b application - What is the risk?

hightime

New Member
Hi,

I've a situation here. I have been working for a top IT Indian giant for last 6 years in India. Let’s call it company A.

I've another co B who is ready file H1-B this year for me. I've already sent all the H1-B documents and the other formalities are complete from my side. They have already sent the H1-B documents to US office to file it there on April 1st. I know there is a H1-b lottery this time around also and lottery results will be out in 5-6 weeks from April 1st.

But now my current employer, company A, is after me to file L1-B. I've spent enough time in India to be eligible for L1-B. So getting L1-B is not going to be a problem at all as there is no lottery for it and moreover they told me that it’s going to be a blanket approval and will take max 25 days for everything , including stamping. I've not yet signed any forms for L1 applications yet. But its due and I need to take some action in a day or two.

If I CANNOT get through H1-B lottery, I would like to use my L1-B and go with company A as if nothing has happened. But if I get the H1-b approval then I would like to go with company B and continue my H1-B status. I believe I cannot ENTER US on two VISAs status. I've to give up one.

My doubt\question here is: (ITS URGENT!!! AS I’VE VERY LESS TIME TO MAKE THE CALL. SO PLEASE REPLY WITH WHATEVER YOU KNOW ABT IT)

1. Can I APPLY for L1 and H1 at the same time? The timing is going to be exactly same as both the application will reach in April-08. What is the risk here?
2. Are there any legal complications involved in such situation? I hope I don’t have to give-up on BOTH the visas.
3. Can I delay the L1 stamping till the H1 lottery result is out? OR I can complete the L1 stamping and then wait for the result of H-1B lottery?
4. What if a candidate holding a valid and stamped L1-B from company A goes to H1-B stamping (from company B sponsored)? Is it like my L1 status is terminated there and then I can travel on newly stamped H1-B?

URGENT!!!
AS I’VE VERY LESS TIME TO MAKE THE CALL.
SO PLEASE REPLY WITH WHATEVER YOU KNOW ABT IT:confused:

Cheers!
 
A1/A2: No risk. All your are doing is doubling your chances of getting NIV status in the US. As long as you qualify for both you are fine. People have applied for family and employment based GCs in parallel.
A3/A4: You can go either route. If you apply for an H-1B visa after you have been issued an L-1B visa, your L-1B will most likely be cancelled. Then if for some reason you are not issued an H-1B visa, you end up with no visas. Bear that risk in mind.
 
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