stamped H1 Visa got revoked and currently on L1

[Sriharsha Hars]

I am currently working with ABC company and got my H1 sponsored and stamped by XYZ company.

Now my current company ABC said that they will file L1 for me.


1) if i go to L1 Visa stamping, will my H1 be cancelled.

2) If i travel to USA on L1 with ABC, if i want to switch employer then in that case if my H1 initial sponsor(XYZ) has revoked H1 visa as i havent traveled with them, then can i get another employer renew my H1 Visa(revoked) with new petition under cap-EXEMPTION.

3) Then If i have to switch from L1 to H1, should i go out of USA for stamping.

[raghvi]

I am currently working with ABC company and got my H1 sponsored and stamped by XYZ company.

Now my current company ABC said that they will file L1 for me.


1) if i go to L1 Visa stamping, will my H1 be cancelled.

2) If i travel to USA on L1 with ABC, if i want to switch employer then in that case if my H1 initial sponsor(XYZ) has revoked H1 visa as i havent traveled with them, then can i get another employer renew my H1 Visa(revoked) with new petition under cap-EXEMPTION.

3) Then If i have to switch from L1 to H1, should i go out of USA for stamping.

1. Yes the H1 would most probably be marked as CWOP (Cancelled Without Prejudice).
2. Yes.
3. There are two ways you can move to H1. If in US, another employer , using the old approved H1 petition, file a cap exempt H1 petition and request for a COS (Change Of Status) from L1 to H1. If the COS is approved by USCIS you automatically move to H1 from COS start date and must work only with H1 employer. The next time you leave US you would need to go for H1 stamping.
OR
Another employer can file a cap exempt H1 as consular process and you can leave US, attend H1 stamping and if approved and re enter US on H1 visa.

This is my opinion not legal advice.

[panacea6565]

H1 visa will be marked CWOP, even if L1B visa not approved ?

Thank you Raghvi for the answers, even I have the same query.

Suppose, VO do not accept/approve my L1B visa as interview finishes(at chennai), will then also he
1) can mark my H1 visa CWOP ?
2) has the right to mark my H1 visa with CWOP ?

As if this is the case, I will loss both the visas.

1. Yes the H1 would most probably be marked as CWOP (Cancelled Without Prejudice).

I am currently working with ABC company and got my H1 sponsored and stamped by XYZ company.

Now my current company ABC said that they will file L1 for me.


1) if i go to L1 Visa stamping, will my H1 be cancelled.