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L1 to H1B transfer

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  • L1 to H1B transfer

    Hi all,

    I was in US for 2 years on L1B for Company A and L1B is still valid till Feb 2011. I am in my home country now. A new employer Company B filed H1B in 2009 and got approved under "consular process". So I went for H1B stamping and get stamped. Now my first employer Company A is offering US opportunity. Here are my questions.

    1. Is L1B visa still valid? Can I enter US on L1B even though I have H1B stamping?

    2. If L1B visa is not valid, is it possible to apply for H1b transfer from Company B to Company A (i.e. from my home country. I haven't entered US on H1 yet).

    3. As my Company A L1 petition is still valid, can I go for L1 stamping again?

    Thanks,
    S. Paruchu
    Last edited by paruchu123; 02-14-2010, 07:19 AM.

  • #2
    1. Yes.

    2. -NA-

    3. Yes. The visa officer might choose to cancel H1 visa when you go for H1 stamping.

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    • #3
      1. Is L1B visa still valid? Can I enter US on L1B even though I have H1B stamping?
      >>> Did they cancel your L1B visa when you went for H1B stamping? Check your passport. If they haven't cancelled your L1B then it stays valid until the expiry date printed on the visa.

      2. If L1B visa is not valid, is it possible to apply for H1b transfer from Company B to Company A (i.e. from my home country. I haven't entered US on H1 yet).
      >>> Possible.

      3. As my Company A L1 petition is still valid, can I go for L1 stamping again?
      >>> You don't have to go for stamping if the previous L1B visa is still valid in your passport. If not, then you can go for stamping with a valid L1B petition. Your H1B visa might get cancelled when you go for L1B stamping.
      Not a legal advice. Use of this information is strictly at your own risk.

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      • #4
        Thanks for the information.

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