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Which Visa is legally applicable to work if H1b and L1 Extn both got approved

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  • Which Visa is legally applicable to work if H1b and L1 Extn both got approved

    Currently am working for my employer (X) thru L1. However my L1 got expired during mid of this year (JUN) , hence I applied for H1b from my current employer (X) this year and filed L1B extn as well in order to continue my work until I get my H1 approved. During mid of OCT, first event I got my H1 approved. A month later my second event happened that my L1 / L2 both got approved. Again a three weeks later I see my H4 also has been approved as third even. Now I have the approval for H1 (1st event) and L1 / L2 Extension (2nd event) and finally H4 approved (3rd event) for the same employer from different time events. With this it has raised some confusions and questions as below.

    1) Which VISA status is legally be applicable for me to work.
    2) If my employer prefers to choose L1 extn, then what will happen with approved H1 if that’s not been used for a while
    3) If I continue with L1 extn with current employer, is there any option to transfer my H1 to a different employer in future before it expires

    Thank you

  • #2
    Originally posted by Sivasubbu View Post
    Currently am working for my employer (X) thru L1. However my L1 got expired during mid of this year (JUN) , hence I applied for H1b from my current employer (X) this year and filed L1B extn as well in order to continue my work until I get my H1 approved. During mid of OCT, first event I got my H1 approved. A month later my second event happened that my L1 / L2 both got approved. Again a three weeks later I see my H4 also has been approved as third even. Now I have the approval for H1 (1st event) and L1 / L2 Extension (2nd event) and finally H4 approved (3rd event) for the same employer from different time events. With this it has raised some confusions and questions as below.

    1) Which VISA status is legally be applicable for me to work.
    2) If my employer prefers to choose L1 extn, then what will happen with approved H1 if that’s not been used for a while
    3) If I continue with L1 extn with current employer, is there any option to transfer my H1 to a different employer in future before it expires

    Thank you
    Only USCIS can tell you that and is one of the pitfalls of filing multiple petitions with USCIS at same time. If you want to know for sure, then you should leave US and re enter on H1/L1/H4 visa stamp.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by Sivasubbu View Post
      Currently am working for my employer (X) thru L1. However my L1 got expired during mid of this year (JUN) , hence I applied for H1b from my current employer (X) this year and filed L1B extn as well in order to continue my work until I get my H1 approved. During mid of OCT, first event I got my H1 approved. A month later my second event happened that my L1 / L2 both got approved. Again a three weeks later I see my H4 also has been approved as third even. Now I have the approval for H1 (1st event) and L1 / L2 Extension (2nd event) and finally H4 approved (3rd event) for the same employer from different time events. With this it has raised some confusions and questions as below.

      1) Which VISA status is legally be applicable for me to work.
      2) If my employer prefers to choose L1 extn, then what will happen with approved H1 if that’s not been used for a while
      3) If I continue with L1 extn with current employer, is there any option to transfer my H1 to a different employer in future before it expires

      Thank you
      I had similar situation, H1B (from company B) approval came first while L1 extension was in process (Company B).
      H1B approval came on May 15th and L1 on June 5th. I asked Company A to revoke L1 extension.
      Continued working on H1 for company B and recently did H1 transfer from company B to A

      You should revoke one of approval.
      if you revoke l1 Approval, then you on H1

      This is my opinion and not legal advice.

      Comment


      • #4
        Just revoking L1 extension will not automatically put you back in H1B. You just got lucky with your H1B transfer. If L1 approval comes after H1B approval, then you status is L1. Revoking your L1 will make you go out of status on L1 and will not put you back on H1B unles a COS is filed from L1 to h1B or you leave and return on H1B visa. Do not advise this to others.

        Originally posted by vishal27580 View Post
        I had similar situation, H1B (from company B) approval came first while L1 extension was in process (Company B).
        H1B approval came on May 15th and L1 on June 5th. I asked Company A to revoke L1 extension.
        Continued working on H1 for company B and recently did H1 transfer from company B to A

        You should revoke one of approval.
        if you revoke l1 Approval, then you on H1

        This is my opinion and not legal advice.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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