Simultaneous L1 and H1 in these days scenario

[rrahulgup]

Hello All,

My H1B visa is being processed thorugh a consultant and the petition will be filed in next 3-4 days; however, my current employer has asked me to file L1 visa for me right away. If I go ahead with my current employer in order to file L1, can it create potetial issue getting H1B stamped at the same time? As these days plenty of H1B application are getting rejected as I learnt from internet.

Quick reply will be much appriciated. Thanks.

Rahul

[kabkaba]

Where are you located? If outside the US, those petitions do not matter. You can use only one of the Visas to enter the US and work only for that employer. You may change employers while in the US by applying change of status.

If you are in the US and petitions are filed with change of status, whichever petition is approved last determines your status. You have to work according to last approved petition in such a case.

[rrahulgup]

Where are you located? If outside the US, those petitions do not matter. You can use only one of the Visas to enter the US and work only for that employer. You may change employers while in the US by applying change of status.

If you are in the US and petitions are filed with change of status, whichever petition is approved last determines your status. You have to work according to last approved petition in such a case.

Thanks for your response, Kabkaba. BTW, Currently I'm located in India and working as IT consultant. And if I start today, my L1 will be processed in 21 days. However, as far as I know if H1B application get submitted today, it will be approved only after 30 days. So, here my query is, if I go to ambassy to get H1b stamped, there won't be question raised by counsler that why I'm not using L1 to go to US which I have filed recently... or why you are applying for another long term visa?

[kabkaba]

H1 and L1 petitions are not conflicting as such. If you happen to have 2 approved petitions for you, you can choose to get either of the Visas. It is your choice which job you want to take up. The reasons are your own and good enough as long as they are true. Even if you have two valid Visas in your passport accompanied by two approved petitions, at the port of entry in the US, you have to choose one. The consulate will not ask you why you chose one over the other while issuing the Visa.

[rrahulgup]

H1 and L1 petitions are not conflicting as such. If you happen to have 2 approved petitions for you, you can choose to get either of the Visas. It is your choice which job you want to take up. The reasons are your own and good enough as long as they are true. Even if you have two valid Visas in your passport accompanied by two approved petitions, at the port of entry in the US, you have to choose one. The consulate will not ask you why you chose one over the other while issuing the Visa.

Thanks a ton, Kabkaba. It resolves my query.