H1 I129 approval but Interested to go for L1 from same company

[ganesh012]

HI ..

I Have a H1 I129 approval 2014 from the company X but haven't gone for the visa stamping . Now due to my personal reasons I'm interested to go for L1 . So I'm planning to ask the same company X to process the L1 application


Question:

1. Can the assignee hold two work permits for the same country at the same time

2. What would happen to my H1 I129 approval if my L1 petition gets approved but have not gone for visa stamping. I.e if my L1 visa gets rejected can I still use the existing H1 I129 approval for getting my H1B stamped ?

[raghvi]

HI ..

I Have a H1 I129 approval 2014 from the company X but haven't gone for the visa stamping . Now due to my personal reasons I'm interested to go for L1 . So I'm planning to ask the same company X to process the L1 application


Question:

1. Can the assignee hold two work permits for the same country at the same time

2. What would happen to my H1 I129 approval if my L1 petition gets approved but have not gone for visa stamping. I.e if my L1 visa gets rejected can I still use the existing H1 I129 approval for getting my H1B stamped ?

1. US consulate mostly doesnt allow keeping both H1 and L1 visa stamp in passport, and once in the US one cannot be on H1 and L1 at the same time. That said, it is possible to shift from L1 to H1 based on your approved I129, but a COS has to be applied first.
2. Your H1 I129 approval shows that you are cap counted, that means you remain cap exempt for next 6 Years. So even if your L1 is rejected, you can use the current I129 approval notice (also called as I797) to go for H1 stamping till the validity date mentioned on the I797 .

This is my opinion not legal advice.

[ganesh012]

Thanks a lot for the information..

correct me if i'm wrong.. below are my assumptions

1. Passport can not have H1 and L1 visa get's stamped together
2. It will not impact to my H1B I129 approval ( not visa stamped) if the SAME COMPANY processes my L1.
3. If my L1 visa gets rejected I can still use my H1B-I129 approval immediately for my visa stamping.