applying blanket L1 having a valid H1 visa for 2015

[itsras]

Am holding H-1B visa and my company would like to send me on blanket L-1. Am curious to know whether there is an issue if I go for L-1 now. If my L-1 rejected, would my H-1 also gets rejected. Or shall I keep both visas.

Please help me on this.

[raghvi]

Am holding H-1B visa and my company would like to send me on blanket L-1. Am curious to know whether there is an issue if I go for L-1 now. If my L-1 rejected, would my H-1 also gets rejected. Or shall I keep both visas.

Please help me on this.

Do you already have H1 stamped in the passport? Is the H1 petitioner and L1 employer same?

[itsras]

applying blanket L1 having a valid H1 visa for 2015

My H-1 is already stamped and both are different employers. The one going to process L-1 is my current employer. Please advice!

[raghvi]

My H-1 is already stamped and both are different employers. The one going to process L-1 is my current employer. Please advice!

If you already holding H1 any particular reason why you not yet travelled for H1 employer?

You have to tread carefully on this.

If you meet the L1 criteria and the officer is convinced about your eligibility, then your L1 would be approved, but H1 would most likely be Cancelled in the passport and marked CWOP.

If the officer is not convinced then L1 would not be issued, but H1 stamping would not be Cancelled. under rare circumstances, your L1 may not be issued and H1 may get cancelled too.

Irrespective of H1 marked CWOP in the passport, the underlying H1 petition would still make you cap exempt for 6 Years from initial H1 cap year, so your current employer or any other employer can always revive the H1 petition and file a fresh H1 visa. As chances of L1 are usually lower than H1, and if current H1 employer does not have work for you in US, why not ask current employer to file their own Cap exempt H1 petition and send you on H1 with immediate start date.

If you are thinking of a possibility of having both H1 and L1 approved, stamped and valid in passport and then you deciding later on which one to go for then there is very less likelihood of that happening.

This is my opinion not legal advice.

[itsras]

applying blanket L1 having a valid H1 visa for 2015

Thank you so much Raghvi. But I would like to give a try because with L-1 my wife also can do job there. May I know major considerations for L-1 to approve. Would that help me to take better decision now.

[raghvi]

Thank you so much Raghvi. But I would like to give a try because with L-1 my wife also can do job there. May I know major considerations for L-1 to approve. Would that help me to take better decision now.

That is the tricky part. USCIS hasnt actually been able to come out with actual guidelines around "Specialized skillset" category for L1B or even around "Multi national Manager" for L1As.

Unfortunately it is left at the mercy of Visa officers to interpret these vague guidelines and give decisions. Irrespective, if you have unique skill sets, with respect to your domain/product/function which is not available anywhere else in your organization or outside, then you have a good shot at L1B. Its mostly in the presentation and hitting the right buttons with the Visa officer.

This is my opinion not legal advice.

[itsras]

applying blanket L1 having a valid H1 visa for 2015

Thank you so much Raghvi. With L-1 am hoping a secure, full time job, where in I can stay at one place without worrying about job/visa as long as I stay in US. More over spouse can also do the job as she has MCA qualification without experience at the moment.

With all your experience, can you please share your opinion on going for L-1. I don't have any good reason to leave my current employer except this H-1

[raghvi]

Its always difficult to get a job which is secure, long term and at one place. It all depends upon the employer and end client (if any).

Yes, it makes sense if your spouse also wants to work then to go for L2 visa for her, she can work after getting EAD.

As for your own L1. it depends hos strong your case is. As I pointed, it all depends upon the documentation and how convincing the visa officer finds your answers. Read the experiences section http://www.immihelp.com/l1-l2-visa-experiences/ to understand the type of questions asked.

This is my opinion not legal advice.