L1 and H1 filled same time

[nitin1912]

Respected Sir,

I have query regarding Visa Stamping and L1 & H1 visa.

I am working for the company ABC. Company want to start L1 process for me.
Same time, my H1 B visa got selected for the year 2008 quota and it is filed by company XYZ.

If my current company start L1 process then L1 would be approved before the H1 stamping.

I have following questions:
1. Can I start L1 process from my current company [ABC] when I know that H1 B visa got approved for the year 2008 quota? [L1 and H1 belongs to different company. L1 belong to ABC and H1 belongs to XYZ company]

2. Is there any problem in H1 stamping, if I already have L1 visa? Both would be filled in the same year.

3. What would be the last date of H1B visa stamping for the 2008 quota?

4. Up to what time I can delay my H1 visa stamping process?

5. Do I need to collect any legal form from my current company when I came for H1 B Visa stamping.


Your valuable guidance would help me to take decision.
Please reply me ASAP.

[txh1b]

1. Yes. It does not matter
2. No problem.
3. No such thing exists. H1b is valid for stamping until the employer revokes it or has no job available. You need a new offer letter if there is delayed stamping to prove the job is still available.
4. Until the petition is valid. See above.
5. ??. You need the usual H1b documents. Look for it on immihelp main page.

[nitin1912]

L1 and H1 filled same time

Thanks a lot for help me to take decision.

I have few more questions. Please answer it:

1. Can i do H1 stamping in US or i need to come back to India ? My visit on L1 is very short only 6 Month. From July to dec.

Thanks in advanced.

[txh1b]

No stamping possible inside the US. You can look at COS options. Look on the forum or immihelp main page.

[JStone]

Does this mean one can possess both L1 and H1 visas at the same time? Can't he go Canada or Mexico for stamping when he is on L1 status in US?

[txh1b]

Does this mean one can possess both L1 and H1 visas at the same time? Can't he go Canada or Mexico for stamping when he is on L1 status in US?

Since they are both work visas, the VO will cancel the other visa that the person does not intend to use.

Say a person is on L1 with approval until Jan 2009. Has applied for a H1b without COS approved for Oct 1st, 2008. This person should not plan to get a H1b stamp in Oct 2008 and return to US on a L1 and work till Jan 2009 as his L1 visa will be mostl likely be canceled by the VO. He can try to explain to VO about his plan to continue work on L1 and then join H1b, but this would mean risking a H1b rejection if the VO is not convinced.

A H1b holder gets a visa stamp proving he has a job readily awaiting his arrival in the US and that he intends to take it.

One can go to Canada/Mex for stamping assuming the risk that the person could be directed to his home consulate if they do not have a US degree. Many people do get stamped successfully though.

[nitin1912]

L1 and H1 filled same time

I am bit confused with the answer.
I can understand that if I have both the visa then it may create chaos to VO.
In my case, I would be on L1 till Jan 2009. Then come back to India and go for H1 stamping in the month of Feb/March. Then I again plan to fly with the H1. (L1 and H1 belong to different employer).

Is there any issue if I have both the visa? Is yes, then should I drop the idea to go on L1.
Please guide me.

[txh1b]

Is there any issue if I have both the visa? Is yes, then should I drop the idea to go on L1.
Please guide me.

I think I was clear in my explanation. Read through it again or I will let others clear it up for you.