Have both L1B and H1B valid petition approvals, can I choose either one for my visa?

[ywatlaw]

Here's my situation:

I'm currently in my L1B status which will expire in May, 2016. My company also filed for 2014 H1B with CONSULAR PROCESS for me, if the H1B petition get approved, I will then have two approved petitions (L1 and H1). My lawyer told me since my H1 petition was filed with consular process, I can still remain L1 status as long as I don't go abroad. Is this true? My following concern is: if I will have to go abroad, can I choose which visa to apply for (both L1 and H1 approved petitions are valid), or I can only apply for H1B visa at the consulate(according to the last action rule as my H1B is approved later than L1B )?

I want to remain in L1 status till it expires because my wife can work under L2 status, and her company will apply for H1B for her next year. I applied for H1B this year because I want to have more chances to get a quota through the lottery.

Really appreciated if someone can answer my question.

[raghvi]

Here's my situation:

I'm currently in my L1B status which will expire in May, 2016. My company also filed for 2014 H1B with CONSULAR PROCESS for me, if the H1B petition get approved, I will then have two approved petitions (L1 and H1). My lawyer told me since my H1 petition was filed with consular process, I can still remain L1 status as long as I don't go abroad. Is this true? My following concern is: if I will have to go abroad, can I choose which visa to apply for (both L1 and H1 approved petitions are valid), or I can only apply for H1B visa at the consulate(according to the last action rule as my H1B is approved later than L1B )?

I want to remain in L1 status till it expires because my wife can work under L2 status, and her company will apply for H1B for her next year. I applied for H1B this year because I want to have more chances to get a quota through the lottery.

Really appreciated if someone can answer my question.

Is your L1B visa in passport expired?

[ywatlaw]

Is your L1B visa in passport expired?

My latest visa has not yet expired but will expire in May 2014, however, my I-94 has been automatically extended till May 2016 since I got my L-1B extended to that time, the new I-94 is at the bottom of the I-797 approval notice on the same page.

[raghvi]

My latest visa has not yet expired but will expire in May 2014, however, my I-94 has been automatically extended till May 2016 since I got my L-1B extended to that time, the new I-94 is at the bottom of the I-797 approval notice on the same page.

If you want to remain in L1B status advisable to not travel outside US from May 2014 onwards because if you leave then you would need to get a new L1 stamping done in order to return.

This is my opinion not legal advice.