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  • Having L1B Visa and applying H1B

    Having L1B Visa from employer A valid until December 2011. employer B is applying for H1B Visa for 2010. right now in india.

    My question is

    1. Once my H1B petition is approved, my L1B Visa will get cancelled without getting H1B stamped.

    I am planning to join the employer B in next year September,2011 and getting H1B Stamp in June,2011. will that be a problem in my H1B Visa interview (1 year delay after petition approval).

    Will my current employer A will come to know about my H1B petition approval?

    any directions ASAP will be highly appreciable.

  • #2
    Are you located in the US or home country currently? A lot depends on that.
    This is my opinion and not legal advice.

    Comment


    • #3
      1. Once my H1B petition is approved, my L1B Visa will get cancelled without getting H1B stamped.

      ---Your L1 visa wont be cancelled automatically. If you decides to go for H1 stamping upon approval, VO may cancel you L1. Alone H1 approval wont cancel your L1 (since you have mentioned that you are in India). If you are in US and H1 approved with COS then H1B will come into an effect from OCT 1then you cannot continue on L1 after that date.

      I am planning to join the employer B in next year September,2011 and getting H1B Stamp in June,2011. will that be a problem in my H1B Visa interview (1 year delay after petition approval).

      ---Your H1B employer has to prove that job is still exists for you at that time.

      Will my current employer A will come to know about my H1B petition approval?

      ----Not really, unless you tell A personally
      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


      • #4
        Thanks for your reply itzprams

        1 more question itzprams, if i went for H1B stamping in india in this year and VO has cancelled my L1B, whether my Employer A will get any notice or will come to know about my L1B Visa Cancelliation?

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        • #5
          Originally posted by karthickmurugan View Post
          1 more question itzprams, if i went for H1B stamping in india in this year and VO has cancelled my L1B, whether my Employer A will get any notice or will come to know about my L1B Visa Cancelliation?
          Are you expecting that you will have both visas and you will keep working on L1 and switch on H1 later anytime. In that case, if VO cancels your L1 and L1 employer wants to send you back to US then you will have to tell them that your VISA is canceled due to H1 stamp.

          If your intention is to work for H1B then why would you bother about L1 visa cancellation. If you are not ready to work on H1B then do stamping whenever you are ready and continue on L1.
          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


          • #6
            Thanks very much for the info.

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