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Approve H1B to L1

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  • Approve H1B to L1

    I have H1B visa valid till Sep 2011. I had also gone through successful visa stamping in Feb 2009 but due to bad market conditions , my H1B sponsor not suggested me to land in US.
    Now they are calling me but I supposed to sit on bench initially for 2-3 months till the time I will get any project.
    My question is my current employer (other than H1B sponsor) ready to send me US on L1 visa , but I am afraid if I will go for L1 my H1 stamped visa will not valid but I am not sure about this.
    I would like to know can I land in US based on L1 through my current employer and later on shift to my H1 or do I need to go through Fresh H1B filing procedure again.

    Looking forward towards your response. Thanks in Advance

  • #2
    When you go for L1 visa stamping most likely your H1B visa will be cancelled. However, your H1B petition will still remain valid until it's expiry date (assuming it is not revoked by your H1b sponsor). When your H1B employer finds you a project, you can apply for a change of stagus from L1 and H1B (When you are inside U.S) and when that gets approved, you can start working for the H1B employer.

    Not advisable to travel without a project and sit in bench. If you don't get paid when you are in H1B status, then you will be considered out of status on H1B and it will cause issues later when you go for stamping. Read and understand your responsibilities as an H1B holder. Check the below link.


    https://www.immihelp.com/h1-visa-holder-rights/
    Not a legal advice. Use of this information is strictly at your own risk.

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