L1 to H1 Transfer

[navneetduggal]

Hi,

I have few Queries, will really appreciate your answers:

1)Can a person remain in US with 2 Visas L1 and H1 stamped on it and none of them is cancelled?
2)Say I am working in USA on L1 for a Company A and in the meanwhile another company files my H1. Once the petition gets approved, does that mean that my status is automatically changed from L1 to H1? If not - Can I work for company A even if my H1 is approved with company. Can I go out of USA resign from company A and come back on H1 filed by company B and work with it?
3) I am in USA on L1 and a company B files my H1 in April of 2011. For some reasons I need to go back to my Home country in August 2011. What will happen to my H1 petition filed by company B?

Thanks alot for your genuine answers

[shervin143]

1)Can a person remain in US with 2 Visas L1 and H1 stamped on it and none of them is cancelled?
>>> Possible. Visa is just an entry document. Your status will be determined by your I-94. When you have multiple valid visas in your passport, you need to show the proper visa at the POE and your status will be based on I-94 issued for the visa on which you entered U.S.

2)Say I am working in USA on L1 for a Company A and in the meanwhile another company files my H1. Once the petition gets approved, does that mean that my status is automatically changed from L1 to H1? If not - Can I work for company A even if my H1 is approved with company. Can I go out of USA resign from company A and come back on H1 filed by company B and work with it?
>>> It depends on how the H1B is filed. If it is filed as a COS from L1 to H1B, then when the H1B gets approved, your status will automatically change to H1B and you can no longer continue with the L1 employer. If it is filed as a consular process, then you can continue to work for the L1 employer even after the approval. When you decide to work for the H1B employer, you will have to leave the country, get the H1B stamped (If you don't already have a valid H1B visa in your passport) and return back on the H1B visa.

3) I am in USA on L1 and a company B files my H1 in April of 2011. For some reasons I need to go back to my Home country in August 2011. What will happen to my H1 petition filed by company B?
>>> If it is filed as a consular process, then no issues. If it is filed as a COS, then it is not advisable to leave the country when the petition is pending with USCIS. The COS might get denied. Or it will get approved and you will ultimately end-up having two I-94 which will cause issues in identifying when your status will really end. You have to consider the last action rule in that case.