Having L1 and going for H1

[rskainth82]

Hi all,

I have a question for seniors out here that If I have a L1 visa from company A and go for H1 with company B. Will there be any problem in getting visa stamped. The visa approval/interview in case of H1 came/happened before L1 visa interview/stamping happened. Its just that consulate asked for certain documents from company B and gave me 221g. And the docs came afterwards which I have submitted to consulate.

Thanks,
RoopSk

[orion]

L1 and H1 processing are unrelated. You and your H1 employer will have to qualify for your H1 independently of your L1.

[rskainth82]

Thanks for ur reply + Another question

Hi orion,

Many thanks for reply. Well both me and my employer are eligible. After submitting the docs at the consulate for mentioned in 221g I got a mail from consulate to submit passport. I submitted the passport at the mentioned counter but its been more than 7 days now and I am still waiting for my passport. As written on consulate site that it takes around 7 days or less to deliver the passport. Now I was wondering why it is taking time in my case. And was it really they asked for my passport for stamping purpose or for some other thing. Thats why I queried for question of having L1 and going for H1 as I am getting worried now.

Thanks,
RoopSk

[txh1b]

Just be patient and stop worrying. You will get the PP with the visa stamp soon. This is summer and consulates are usually busy during these months.

[rskainth82]

thanks for ur reply

thanks for ur reply txh1b. But are you saying that having L1 on passport for company A and then going for H1 for company B in my case wont create any problems and I will get my passport back with H1 very soon.

Thanks,
RoopSk

[txh1b]

I don't understand why people think it is a problem. It is NOT!

[rskainth82]

Thanks for ur reply. This really answers my concerns as I have waited for more than 8-9 months for H1 visa stamping after I got 221g and during this time got L1 stamped to have my options open .

[rskainth82]

Another question

Hi,

I Have another question. If I have got stamped H1 for company B and has already L1 for company A. Then can I go to US using L1 for company A for 8-9 months and then come back from US and fly back using H1 for company B. Will H1 for cpmpany B remain valid when I enter US on L1 for company A?

Thanks,
RoopSk

[txh1b]

Nothing happens to the petitions unless they are revoked by the employer. The L1 visa might get cancelled by the VO when H1 is being stamped as both are work visas and conflicting.

If the visas and petitions are valid you can do that. However, there is a chance that the visa that is not being used will be cancelled at POE which might require restamping.

In short, go for H1b stamping only when you are ready.

[rskainth82]

Need suggestions on what to do?

Hi all,

I am in a very difficult situation right now. Need some suggestions on what to do? I submitted my passport as was requested by consulate. But even after 10 days I have not received back my passport. Now my current company A is asking me to go to US on L1 visa. But I have a problem here as my passport is currently lying with consulate. When I submitted my passport at consulate they said that I would get my passport back in a week but its still with them.
I contacted consulate about the passport that when would I get back my passport back and they said they dont have any time frame. Now my question is that if they are still doing some investigations then why they have asked for the passport at first place. And how can I get my passport back so that I can go to US on L1 for company A if they are not willing to give me H1 at this stage and need some more time for investigations.

Seniors please advice...

Thanks,
RoopSk

[txh1b]

Consulate does NOT keep the passport if the delay exceeds more than couple of weeks. They will return your passport if there is further delay in case processing.

[rskainth82]

Thanks for your reply. But is that really true that consulate will return the passport if there is further delay in case processing after 2 weeks or will they take more time.
If they delay further and my company A asks me to go to US then can I contact and ask them that how much time they will take to return my visa and can I ask to them return my passport as I need to go to US on L1 visa which is already on my passport. Or will this hamper my H1 case processing because as of now I dont know how much more time they will take to decide on H1 stamping and whether they will grant me the visa or not?

txh1b please guide me on what to do and what not? Others can also advice me if possible as this is really urgent for me.

Thanks,
RoopSk

[txh1b]

You are anyway taking a chance with your L1 visa. If the H1b gets stamped, the VO may choose to cancel the L1 on their discretion as both are conflicting work visas and you can work only on one of it.

You should find a way to delay your L1 employer citing personal reasons as US consulate will return your passport as soon as they stamp it within few weeks.

[rskainth82]

Hey txh1b many thanks for your replies. It really helps in easing out the tension that I am going through nowadays.