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L1 to H1 transfer - VISA question

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  • L1 to H1 transfer - VISA question

    Hey -

    I recently transfered my L1 to H1 visa, and still working for L1 company in USA, Planning to go to India for my H1 stamping next month.

    My L1 visa validity is there till 2011 end, how ever I am planning for india trip, while coming back I think I should get H1 stamping.

    My question is - what if my H1 stamping rejected? Can I come with my L1 visa to US again? and can I work for my H1 employer after I came back to US?

    any help is much appriciated.

    Thanks,
    SA.

  • #2
    I recently transfered my L1 to H1 visa, and still working for L1 company in USA, Planning to go to India for my H1 stamping next month.
    >>> What exactly do you mean by transferring L1 to H1B? There is no such thing. Did your H1B employer file a change of status from L1 to H1B or they filed the H1B as a consular process. If it was a COS (the H1B approval came with a new I-94), then your employment with the L1 employer now is illegal and you should be already working for the H1B employer. If it was a consular process, then you can continue to work for the L1 employer and when you decide to work for the H1B employer, you can go out of the country, get the H1B stamped and return back.

    My L1 visa validity is there till 2011 end, how ever I am planning for india trip, while coming back I think I should get H1 stamping.
    >>> It depends on which employer yo want to work for. If you want to work for the L1 employer, then return back on L1 visa. If you want to work for the H1B employer, then you need to return back in H1B visa.

    My question is - what if my H1 stamping rejected? Can I come with my L1 visa to US again?
    >>> If your L1 is not cancelled when you go for H1B stamping, then you can enter on L1 visa and work for the L1 employer.

    and can I work for my H1 employer after I came back to US?
    >>> No. If you want to work for the H1B employer, then you need to enter in H1B visa. That is why there are separate visas and each visa has a purpose.
    Not a legal advice. Use of this information is strictly at your own risk.

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