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  • H1&L1 Visa queries

    Hi,

    I have a valid L1 visa and working in a IT firm now. I got another employer who is ready to do H1B processing for me. Meanwhile I may or maynot travel to US on my L1 visa in may.

    1. Will there be any problem if I travel to US on my L1 visa while the H1B processing is going on?

    2. Once my H1B get approved, If I am in US, can I switch to H1B visa and start working for my new employer or should i return to India and get my H1B visa stamped and then start working?

    Please advice.

  • #2
    1. Will there be any problem if I travel to US on my L1 visa while the H1B processing is going on?
    >>> No.

    2. Once my H1B get approved, If I am in US, can I switch to H1B visa and start working for my new employer or should i return to India and get my H1B visa stamped and then start working?
    >>> Your status should be changed from L1 to H1B for you to work for the H1B employer. You have two options

    1) Leave U.S. Get the H1B stamped and enter U.S in H1B status.
    2) Ask your employer to file an H1B amendment to change the status from L1 to H1B. When the status changes to H1B, you can no longer work for the L1 employer (or) you can file the H1B after reaching U.S in L1 status and ask the employer to file the H1B as a COS from L1.
    Not a legal advice. Use of this information is strictly at your own risk.

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