L1 becomes after H1 stamping?

[Sindhu.vittal]

Hello All,

Currently I am in US on L1 visa working for company A.I am applying for H1 visa through company B through Consular Processing.
I want to start working for compnay B on H1 from Feb 2015.If I get H1 stamped in India will my L1 becomes invalid immediately.
I want to return to US on L1 and work for company A till next year.

Pleas advise.

Thanks,
Sindhu.

[raghvi]

Hello All,

Currently I am in US on L1 visa working for company A.I am applying for H1 visa through company B through Consular Processing.
I want to start working for compnay B on H1 from Feb 2015.If I get H1 stamped in India will my L1 becomes invalid immediately.
I want to return to US on L1 and work for company A till next year.

Pleas advise.

Thanks,
Sindhu.

Then why go for visa stamping? If you go for H1 visa stamping interview your L1 visa would be CWOP (Cancelled Without Prejudice).

If you want to work for B from Feb 2015 onward, go for h1 stamping around Jan 2015 and return Feb 2015 on your H1 visa.
OR
in Jan 2015 file a L1 to H1 Change Of Status and once that is approved work for B.

This is my opinion not legal advice.

[Sindhu.vittal]

Then why go for visa stamping? If you go for H1 visa stamping interview your L1 visa would be CWOP (Cancelled Without Prejudice).

If you want to work for B from Feb 2015 onward, go for h1 stamping around Jan 2015 and return Feb 2015 on your H1 visa.
OR
in Jan 2015 file a L1 to H1 Change Of Status and once that is approved work for B.

This is my opinion not legal advice.

Thanks Raghvi..but i thought I have to go for the H1 interview in the month of october 2014..can I start the filing process now and attend the H1 Interview on Jan 2015?

[raghvi]

Yes You can. If your future employer is fine with that I dont see any issues.

This is my opinion not legal advice.

[Sindhu.vittal]

Yes You can. If your future employer is fine with that I dont see any issues.

This is my opinion not legal advice.

Thanks Raghvi..my husband is on L2 visa with me now.so if I get my H1 stamped and return to US can he apply for H4 from US only.is it legal to stay on L2 till he gets his H4?

[raghvi]

Thanks Raghvi..my husband is on L2 visa with me now.so if I get my H1 stamped and return to US can he apply for H4 from US only.is it legal to stay on L2 till he gets his H4?

No that wouldn't be possible, as soon as you enter US on H1 visa, your spouse would go out of status as L2 isnt valid with a corresponding L1. I would suggest he travel with you for his own H4 stamping.

This is my opinion not legal advice.