Possessing L1B and H1B @ the same time

[rohan_desai78]

Hello,

I am caught in a small confusing situation. I possess a L1B visa.My employer wants to apply for my H1B visa. But I dont want to lose the status of my Wife's L2 as she can work on that status.

I spoke with my company's lawyer and he said that I can possess an L1B visa even if i get an approval for an H1B visa. I just wanted to confirm if this is true..

For instance:-
I have an L1 B visa valid till year 2009, which can be extended up to 2011. My company Lawyer said that they will apply for an H1 in April 2008. If the H1 gets approved then I can still hold the L1 till 2011 even if I get an H1 approval in the year October 2008.

I hope this is not confusing. Please help to understand whats right for me.

Thanks

[Subramanya]

L1 and H1

I am caught in a small confusing situation. I possess a L1B visa.My employer wants to apply for my H1B visa. But I dont want to lose the status of my Wife's L2 as she can work on that status.

I spoke with my company's lawyer and he said that I can possess an L1B visa even if i get an approval for an H1B visa. I just wanted to confirm if this is true..

For instance:-
I have an L1 B visa valid till year 2009, which can be extended up to 2011. My company Lawyer said that they will apply for an H1 in April 2008. If the H1 gets approved then I can still hold the L1 till 2011 even if I get an H1 approval in the year October 2008.

I hope this is not confusing. Please help to understand whats right for me.

---- You can positively hold H1 and L1 at the same time. However, at a given time you can only be on one status either L1 or H1. You cannot be on both at the same time. Understand H1 and L1 and the term 'Status' as applicable to yourself.

---- Thus, if you opt for H1, your wife has to apply for H4 and remain in H4, therefore cannot work. She cannot come into L2 as you will not have L1. Do not confuse yourself. The regulations are very clear on this matter

---- Do not post your query in more than one thread. If any one wants to answer they can and will do it from one thread. Mutliple threads do not get you multiple answers, they give you more options and you will be further confused

Subramanya