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Query Regarding filing of L1 VISA while H1 petition is approved - Urgent.

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  • Query Regarding filing of L1 VISA while H1 petition is approved - Urgent.

    Dear Sir,

    I have a query regarding the filing of L1 VISA while H1 petition is approved.

    This year - 2008 , I applied for H1-B and my petition got picked up in the lottery,it is from employer X, I havenot gone for stamping as such.

    Now I am currently employed by employer Y who is interested in filing L1 for me due to a sudden requirement.I want to avail this immediate oppurtunity as my X employer(who has filed H1-B ) for me has deferred my joining due to the US slowdown in the economy.
    If I go for L1 stamping,will it be a problem at a later date to stamp the H1 from employer X.Will my H1-B which is picked up in the lottery will be void( will I loose it completely).

    Also I want to go for the H1 stamping from employer X at a later date when the market revives,will this be a problem for the H1 stamping .

    Also while applying for L1 do I need to mention this H1 petition number that has been filed but not stamped.

    Regards,
    Abhisekh

  • #2
    No reason for concern. There is no mutual exclusion as far as petitions or approvals go for L1 and H1. They stay intact as long as employer does not cancel the petitions. Read the FAQs.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Thank you for your reply,but can you please answer to the following questions.

      Q: I currently have an L-1 visa stamp and I am applying for H1b. Is there any risk in applying for H1b
      and L1 at the same time?
      A: No, it is legal to apply for different petitions and it will not jeopardize other applications. - This is what you intend to say by pointing to H1-B-VISA FAQs.

      There is no mutual exclusion as far as petitions or approvals go for L1 and H1- Can you please elaborate this,I am not very clear.


      Also do I need to mention the H1 petition number while applying for the L1 as I fear my current employer will come to know anout this and my current employment will be at stake

      Regards,
      Abhisekh
      Last edited by arath; 10-07-2008, 12:26 AM.

      Comment


      • #4
        H1b and L1 are unrelated to a great degree. There is no connection between the two as these are separate petitions, many times, from different employers. Nothing about each other needs to be disclosed or is there room for disclosing anything.

        Privacy is taken very seriously and these are employer petitions. Nothing will be disclosed to anyone other than the employer/lawyer that applied for a particular petition. USCIS does not disclose anything to the candidate as well.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          Thank you for the quick reply

          Thank you sir.Really appreciate your quick response and accuracy of the info.
          I had posted at few other forums but this is the one where I am getting the quickest of all.Thanks again.

          Comment


          • #6
            L1 - H1 Cos

            if in US I want to change form the L1 employer to the H1 employer, for the change of COS ....what all documents do I need to provide my H1 employer or the H1 employer can apply for COS without notifying me ?Basically I want to know that whether my H1 employer without taking my concern can apply for COS.What all documents he needs to apply for COS?I donot want my H1 employer to apply COS without taking my Concern.

            Comment


            • #7
              All he needs is your I-94 copy to apply for a COS and a proper check mark on I129.

              I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

              Comment


              • #8
                Thank you - Sir but still have a query

                Thank you,
                All he needs is your I-94 copy to apply for a COS and a proper check mark on I129.

                So whatever I-94 copy I get at the port of entry when I enter on L1-B,I need to give him a copy of that.Unless I give him tha he cannot apply,please correct me if I am wrong?And also the copy of the I129 I need to give him??

                Rgds

                Comment

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