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What happens to my H1 if L1 is processed?

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  • What happens to my H1 if L1 is processed?

    I am unable to find a definitive answer to this question. I am currently in India working for company A.
    A US company, company B filed for my H1 in 2007, it got approved and I got it stamped recently (Dec 2008).
    Now, my present employer (Company A) wants to process my L1 and send me to their office in US.

    Given the market conditions, I think this is a good option BUT, once the market gets better, I want to switch to company B (using their H1)

    I heard people say that in case my L1 is stamped, my H1 will be cancelled. To clarify, I called up the USCIS call centre and they informed me that my H1 will not be cancelled/revoked even if my L1 is stamped.

    Now, what happens at the Port of Entry? Initially, I will tell the officer that I want to enter under L1 and work for company A. Will the officer then cancel my H1 visa? If not, can I, at a later date, file for COS from L1 to H1?

    In case any of you had similar experiences, please let me know. Please note that I have not entered US so far on either visa.

    Regards,
    VSH.

  • #2
    Hi

    Its a simple thing. If you have a H1B means you can change the employer
    at any time u are in US. But if u have an L1B means u are fixed and cannot
    Change employer.

    In ur case, u have H1B, and u want to get L1B Stamped, means u want
    to go employer specific Visa. So obviously ur H1B Gets automatically
    cancelled up on ur L1B Stamping.

    Mine is the same case. Ofcourse i am lucky that i postponed my US plans

    But for B1 Visa stamping, ur H1B Visa will be active. coz B1 is not employer
    specific. u can have ur B1 valid even after leaving ur current employer

    Comment


    • #3
      I heard people say that in case my L1 is stamped, my H1 will be cancelled. To clarify, I called up the USCIS call centre and they informed me that my H1 will not be cancelled/revoked even if my L1 is stamped.

      ---- This is not an automated process. If you have h1b stamp and going for L1 then its upto VO to cancel H1 or not. If you convince VO that you want to use it later on they may not cancel it.

      -----However, even if visa is cancelled, petition remains active (if not revoked by sponsor). Within US you can do COS L1-H1.

      Now, what happens at the Port of Entry? Initially, I will tell the officer that I want to enter under L1 and work for company A. Will the officer then cancel my H1 visa? If not, can I, at a later date, file for COS from L1 to H1?

      ----yes you can apply for COS
      I am not a lawyer and this is not a legal advice. Use it at your own risk. Consult professionals before getting into an action.

      Comment

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