Please help with L1 -> H1 issue

[kingkong_13]

Hi I am on L1 ( company A ) Visa but my visa expired in April 2006 and I-94 expired in April 2007. My I-94 and petition got extended till April 2009. So Effectively I am on valid I-94 now without valid visa stamped.

In between I got my H1 from a company ( B ) in Oct 2006 without COS . The petition is valid till 2009. I did not join the company then because of some personal reasons.

Meanwhile I applied for the CANADA PR which got approved and I got a landing visa till August 3rd week 2008. I am going to land in Canada to get my PR now.

I understand that once I go out to CANADA to return back to US i will have to get a valid visa stamped for me and my wife ( who is currently on L2 ). The company B who filed H1 for me are pressing to get H1 stmped on return.


Now I have a question since H1 was approved in 2006 and is bit dated, is it fine to go for that stamping ? is there any risk with that? If they reject my H1 will it still be possible to get my L1 stamped and come back. Or will they cancel all the L1 , L2 even if they approve my H1 or not of no chance of using it ever.


As I am an Indian citizen I don't want to be stranded back in CANADA with no option of coming back to US. As I am still working for Company A, but if my H1 gets stamped I can join company B.


One more thing, I have been in US on L1 since June 2004. In the event I join company B I will have less than 2 years to stay in US. Will that be sufficient enough to go the green card route, if decide to go for it.

[C4us]

You may be redirected to India for H1B stamping but can re-enter on L1 if it is not cancelled by VO. If you get H1B stamped and re-enter on that status, you MUST work for B.

Since green card must be filed by employer, there is no way to know his schedule. You alone cannot decide to file for green card. Why would B file for you when you have just begun to work for him?

How do you plan to qualify for both Canadian and US PR? You will not be stranded in Canada as you will be a PR there.

From you comments, I wonder if you have any long-range plan.

[kingkong_13]

How do you plan to qualify for both Canadian and US PR? You will not be stranded in Canada as you will be a PR there.

Thanks sir for your valuable response. I am aware that i cannot have the pr of both the places.

I do not have any job offer from canada so for now I want to return to US to work either A or B company.

I am ready to join company B if i get the H1 stamped but if not then I want to return to US as least on L1 even if that means continuing for company A.

I have two specific questions in this regard.

1) Does it matter that my H1 petition is bit dated and was approved in 2006 oct.

2) Should i take appointment first for H1 and then for L1 in case H1 does not work out.

3) In the event of point 2 for some reason H1 did not get stamped will still the VO cancle the L1 petition that is valid.


Thanking you in advance.

[txh1b]

1. No it does not if your H1b employer has a new job offer letter and a valid job.
2. If you want, you could with a gap of couple of days so that you have time to cancel it if H1 is successful.
3. Petition is not canceled by the Vo. Why would VO even care about the L1 petition?

[kingkong_13]

2. If you want, you could with a gap of couple of days so that you have time to cancel it if H1 is successful.

Much appreciated,
but do I need to take any specific action to cancle L1 if my H1 is stamped. I was under impression that if my H1 is stamped my L1 is automatically cancled.

[txh1b]

No action needed on your part. L1/H1 petitions are all employer petitions. Any action, if needed to cancel the petition has to be taken by them at their end which is also not mandatory.

Only the visa is the item at your end and upon granting a H1b, L1 visa could be canceled if the VO determines so.