L1 visa Questions

[anamika123421]

Hi,

i am in US on L1 from company A since feb 2008. Employer B filed H1 B with COS for me last year (2009) and it got approved, but i did not join Employer B till now. I nullified H1 B effect by flying to canada and came back with L1 B papers last Oct 2009. Today I got automatic mail from USCIS that petition for employer B has been approved and on 31st May 2009 approved petition notice has been sent with Post Decision Activity which is "For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State".

My current L1 B will expire in Oct 2010 and my company will file new L1 b for me and for that I have to India. My questions are :

1> in my visa interview, can USCIS ask any questions regarding H1 which i never joined ?

2> Will there be any problem while granting me new L1 B. Problem is that L1 Employer does not know about H1 and any questions (RFE/221g) on H1 will effect my relationship with L1 Employer.

3> If Employer B didn't revoke H1 as he is still forcing me to join, will there any prob for me in new L1 visa ainterview ?

Appreciate your help !

[Subramanya]

i am in US on L1 from company A since feb 2008. Employer B filed H1 B with COS for me last year (2009) and it got approved, but i did not join Employer B till now. I nullified H1 B effect by flying to canada and came back with L1 B papers last Oct 2009. Today I got automatic mail from USCIS that petition for employer B has been approved and on 31st May 2009 approved petition notice has been sent with Post Decision Activity which is "For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State".

My current L1 B will expire in Oct 2010 and my company will file new L1 b for me and for that I have to India. My questions are :

1> in my visa interview, can USCIS ask any questions regarding H1 which i never joined ?

---- Ye, they can question you about the H1, but no conclusions will be drawn, as they are not concerned about you not joining the company on H1

2> Will there be any problem while granting me new L1 B. Problem is that L1 Employer does not know about H1 and any questions (RFE/221g) on H1 will effect my relationship with L1 Employer.

---- As such there will be no problem in granting you the L1 visa if all your documents are inorder and if the VO is convinced with your replies. The L1 employer is not concerned about your H1 or any other type of visa that you may have. H1 and L1 are two independent visa categoreis and one does not have any bearing on the other

3> If Employer B didn't revoke H1 as he is still forcing me to join, will there any prob for me in new L1 visa ainterview ?

---- As above. In the end it is your choice to join whicever employer you want to join. If you travel outside the US and if you have H1 and L1 visas stamped on your Passport, while returning declare your intention of entering on L1 or H1 visa status and get a I-94 for that categoty of visa at the POE

Subramanya