Query on my US visa processing

[sweetchella]

Hi,

I am currently in India and working in company A,which is going to process my L1 Visa. Also company B is filing my H1 this April. Hope both visa ll be filed at same time. Just want to know answers for my below query
1. What happens if H1 got approved first and then L1. Will I lose my H1 and need to continue on L1?
2. Say if I got L1 stamped and then I am travelling to US. Then my H1 got approved. Whether my status ll change?
3. If status changes and if I want to continue on L1. Is that possible?
4. If I am continuing on L1 after H1
Approval. Can I use that H1 in non cap at any later point?
5. Whether both visa ll be approved without any issues as I am only in india and there is no COS applicable?

Advance Thanks for ur answers...

[raghvi]

Hi,

I am currently in India and working in company A,which is going to process my L1 Visa. Also company B is filing my H1 this April. Hope both visa ll be filed at same time. Just want to know answers for my below query
1. What happens if H1 got approved first and then L1. Will I lose my H1 and need to continue on L1?
2. Say if I got L1 stamped and then I am travelling to US. Then my H1 got approved. Whether my status ll change?
3. If status changes and if I want to continue on L1. Is that possible?
4. If I am continuing on L1 after H1
Approval. Can I use that H1 in non cap at any later point?
5. Whether both visa ll be approved without any issues as I am only in india and there is no COS applicable?

Advance Thanks for ur answers...

Visa, and petition are two different things. Petitions are approved by USCIS, and Visas are approved at the US consulate. You need a valid petition to get a valid visa, and you need a valid visa to enter US.

1. No issues if H1 petition gets approved first and then L1. You can decide with which petition to go for interview. Yes, if H1 visa is approved and later you attend L1 visa interview and that is also approved, your H1 visa would be marked cancelled, similarly if L1 visa is approved and later you attend H1 interview, your L1 visa will be marked cancelled.
2. Status change can only happen if you were in US while the H1 was filed.
3. I dont think you would be in US before 01-April-2015 so its unlikely the H1 would be applied as COS. If not applied as COS your status would not change automatically.
4. Yes if approve din current cap you can.
5.COS is applicable only when one is in US not when outside US. As I explained earlier both petitions may get approved but both visas would most probably not. One can only have a valid H1 or L1 in passport not both.

This is my opinion not legal advice.

[sweetchella]

One more Question

Thanks for the details. One more question

So even if I get my visa stamping in L1 and my H1 petition is approved. I can travel in L1 and can use my H1 in non cap later. Am I right,?

[raghvi]

Thanks for the details. One more question

So even if I get my visa stamping in L1 and my H1 petition is approved. I can travel in L1 and can use my H1 in non cap later. Am I right,?

Yes.

This is my opinion not legal advice.