Filing an L1 for an existing H1-B holder

[anon1234]

1. Yes.
2. Yes.
3. No.

L1B rejection rates are still high. If your employer is really interested in sending you to US then they should send you on H1B and file extension if required stay is beyond Sept 2013 and I-94 is valid till only Sep 2013. Or if they want to send you after Sept 2013, to get you a new H1 stamping using the old petition. Having a valid H1 it certainly doesnt make sense to go for L1.

This is my opinion not legal advice.

Thanks. There was a typo in my OP, the visa is valid till Sep-2015 (the petition was filed last year). The reason why my employer wants to file an L1B is because there are currently (internal) travel restrictions on H-1B visa holders but there is also an urgent need for me to travel right now.

I do agree that it doesn't make sense though. Thanks for your inputs!

[raghvi]

I have a stamped H1-B visa valid till September 2013 (I have not traveled to the US on the visa yet, however). My employer (who filed the H1-B) now wants to file an L1 for me. Ignoring the illogical nature of such an action, I would appreciate if someone can provide answers to the following:

1. If the L1 is approved, will the H1-B be cancelled (having browsed through a few threads here and elsewhere, it seems like one can hold only one work visa at an point of time so probably yes?)
2. If the L1 is rejected, is there any (even slightest) possibility of the H1-B being cancelled/revoked as well?
3. Is there a time limit under which one must travel on an H1-B in order for it to continue to be valid?

1. Yes.
2. Yes.
3. No.

L1B rejection rates are still high. If your employer is really interested in sending you to US then they should send you on H1B and file extension if required stay is beyond Sept 2013 and I-94 is valid till only Sep 2013. Or if they want to send you after Sept 2013, to get you a new H1 stamping using the old petition. Having a valid H1 it certainly doesnt make sense to go for L1.

This is my opinion not legal advice.

[anon1234]

I have a stamped H1-B visa valid till September 2013 (I have not traveled to the US on the visa yet, however). My employer (who filed the H1-B) now wants to file an L1 for me. Ignoring the illogical nature of such an action, I would appreciate if someone can provide answers to the following:

1. If the L1 is approved, will the H1-B be cancelled (having browsed through a few threads here and elsewhere, it seems like one can hold only one work visa at an point of time so probably yes?)
2. If the L1 is rejected, is there any (even slightest) possibility of the H1-B being cancelled/revoked as well?
3. Is there a time limit under which one must travel on an H1-B in order for it to continue to be valid?