Travel on L1 while H1 is active

[sivakumar824]

Hi Team

Myself kumar, currently i have active L1 visa from Employer A valid until 2018. I am in India now. I applied for H1 visa from Employer B and is approved. My H1 Visa interview is scheduled on Jan 23rd. I have to travel US on project work for employer A.

1. Can I have both L1 and H1 ?

2. Is it possible to travel on L1 while H1 from other employer is active.

3. If i don't get H1 stamp now, then can i travel on L1?.

Thanks

[raghvi]

Hi Team

Myself kumar, currently i have active L1 visa from Employer A valid until 2018. I am in India now. I applied for H1 visa from Employer B and is approved. My H1 Visa interview is scheduled on Jan 23rd. I have to travel US on project work for employer A.

1. Can I have both L1 and H1 ?

2. Is it possible to travel on L1 while H1 from other employer is active.

3. If i don't get H1 stamp now, then can i travel on L1?.

Thanks

1. No.
2. Your H1 is not active unless you actually work and get paid in US in H1 status. Merely having an approved H1 petition or a valid H1 doesn't activate H1.
3. Yes if they dont cancel your L1.

If you go for H1 stamping, they may at first cancel the L1 stamp in passport, so decide the risks and act accordingly. There are times, that the person's valid L1 was cancelled and H1 was put in admin processing, and stuck in a long drawn 221G. Would advise to go for H1 stamping if absolutely sure of employer credentials as well as having strong documentation (client letter etc) for the H1 employer.


This is my opinion not legal advice.