Filing for L1 Visa with valid H1 Visa

[raviprasad]

Hello,

My company has filed for my H1B this year and luckily I got the lottery too. But now my company wants to go for L1 visa for me. But that is possible only after April next year, once I complete 1 year of service in the company.
I know that a person cannot hold 2 work visa at a time. In this scenario, I have a few questions:

- if I dont go for H1 stamping will it still be considered in my L1 filing that I had H1 Visa, considering I got picked in the lottery.
- In case I get my H1 stamped, but donot travel to USA and in the meanwhile apply for L1, then when will my H1 get invalid. Is it when I go for L1 stamping or once I get the L1 Visa.
- Will it be a problem filing my L1, since I already have H1 and what should I answer the immigration officer on the same.

I also had L1 Visa in the past too with my last company.

Which is a better option: L1 or H1?

Please help

[kabkaba]

You can have any number of petitions filed for you and you can have any number of Visas in your passport. The L1 and H1 petitions are unrelated.

[raviprasad]

thank you kabkaba for your reply. I went through other threads in the forum but almost all say that we cannot have 2 work visas at one time. so had the doubt.
but will the immigration officer wont ask as to why I want 2 work visas at the same time...which in real I dont want, I just want L1.
Can you help me pls.

[kabkaba]

While in the US, you can only have one non-immigrant status.

It is also possible that when you apply for a second Visa at a consulate, the previous Visa in your passport may get canceled. But that depends on the consular officer's discretion.

H1 and L1 petitions are a different matter, both are completely unrelated. Filing of one in no way affects the other. You can even have multiple H1 or multiple L1 petitions filed for you. Cancellation of Visa as above, also does not mean revocation of petition. Traveling to US in any one status also does not mean revocation of the other petition or Visa.