Can my company apply for L1 visa if my H1 visa (by other co.) is in process .

[chandankasera]

This is my first post . please help me with the following queries.

One of the US Company is sponsoring my H1 visa .

1. Did my current company will know about it.?
2. What if my company decided to sponsor my L1 visa. Can my company apply for L1 visa if my H1 is in process.
3. Can my Company apply for L1 visa if my H1 (sponsored by other company) petition got approved.
4. Can my Company apply for L1 visa if my H1 (sponsored by other company) Visa got Stamped.
5. Is there any issue if my company decided to get me L1 stamped while H1 is in process.

thanks

[raghvi]

This is my first post . please help me with the following queries.

One of the US Company is sponsoring my H1 visa .

1. Did my current company will know about it.?
2. What if my company decided to sponsor my L1 visa. Can my company apply for L1 visa if my H1 is in process.
3. Can my Company apply for L1 visa if my H1 (sponsored by other company) petition got approved.
4. Can my Company apply for L1 visa if my H1 (sponsored by other company) Visa got Stamped.
5. Is there any issue if my company decided to get me L1 stamped while H1 is in process.

thanks

1. Not unless you tell them.
2. Yes
3. Yes.
4. Yes. But when you go for L1 stamping your H1 will be cancelled by the consulate.
5. No.

Though H1 and L1 petitions are separate, eventually you have to decide whether you want to work with the H1 or the L1 employer. Also, you cannot have both the visa active in your passport. If you get L1 stamped first and then go for H1 stamping your L1 will be cancelled and vice versa.

This is my opinion not legal advice.