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Stamping of H1B and L1 both together

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  • Stamping of H1B and L1 both together

    Hi,

    My L1 petition was submitted in June. When I went for the interview, I got 221g and they asked for a lot of documentation from my company and it went into "Administrative Processing". At the same time I had a H1B petition submitted from a different employer last month. I got it approved yesterday and also got my passport with H1B stamped today. I also got a letter last week that my L1 petition is confirmed and I can submit the passport for stamping.

    My question is that if I submit my passport for L1 stamping, will my H1B visa be canceled? Or I will hold both the visa together? I am still in India and I intend to go on the H1B, but want to keep both options open.

    Please suggest.

  • #2
    You can have only one work visa at a time. If you submit your passport for L1, then your H1B visa might most likely get cancelled, unless otherwise the officer overlooks the case that you already have a valid H1B stamped in the passport.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      I have already appeared for the L1 interview and it has got approved. The only thing left is that I need to deposit the passport to VFS for stamping.

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      • #4
        One cannot say whether they will cancel the H1 Visa or not. There is no fixed rule against having or not having 2 visas. You can only use 1 to travel to US and while in the US you can only work with one of the employer in one status determined at port of entry (or changed within US by application).
        Also, cancellation of Visa in passport does not mean cancellation of petition.
        This is my opinion and not legal advice.

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        • #5
          Well, like I have already mentioned, if you have decided to go to U.S in H1B visa and work for the H1B sponsor, then go ahead and submit the passport. The possibility of the L1 visa getting cancelled is very high. If you want to travel and work for the current employer in L1B status, then it is not advisable to handover the passport for the H1B stamping. In most cases the consulate will let you have only one valid work visa in your passport. Very rarely they let you have both the visas. If you want to try that, it iwll be a total chance that you will be taking.

          Originally posted by AmitPradhan View Post
          I have already appeared for the L1 interview and it has got approved. The only thing left is that I need to deposit the passport to VFS for stamping.
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment

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