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Is H1 valid, if L1 is filed after H1 ?

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  • Is H1 valid, if L1 is filed after H1 ?

    I am planning to get H1B processed in Sep-2011. Meanwhile there is a possibility that my company may process L1B in next 3 months (Dec-2011).

    From the FAQ (https://www.immihelp.com/h1b-visa-change-of-status-faq/) , I understand that there will be no legal issue if both petitions are filed.

    I would prefer to work on L1, due to various reasons : spouse can work, job-security , etc,

    I plan to use this H1 only in case my company does not process L1.

    My question:

    If after getting both H1 & L1 approved, can I work in US on L1 ?
    Will H1 be still valid ?
    If so for how long ?

    Note that H1 is being premium processed at my cost.

    Thanks,
    Muddhu.

  • #2
    If after getting both H1 & L1 approved, can I work in US on L1 ?
    >>> Yes. Get the L1 visa stamped and enter U.S in L1 visa and petition.

    Will H1 be still valid ?
    >>> It will remain valid unless revoked by the employer.

    If so for how long ?
    >>> Until the petition expiry date.

    Note: All questions are answered assuming that you are currently outside U.S.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Which employer you work for depends upon whose approval notice you use at the port of entry. In order to use any approval notice, you need corresponding Visa.
      This is my opinion and not legal advice.

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