L1-B and H1-B processing Simultaneously

[psrinivasan5]

Hello All,

I am not in US now. My L1 B individual and H1 B (2014) are simultaneously getting processed by the same employer. Where Both the status moved to RFE and the RFE docs are filed and waiting for the status. I know that we can travel U.S only thru any one work permit. But my questions are -

1. If L1 B gets approved before H1B, Can I travel to US and come back after few months so that I can get my H1 stamped and travel again with H1?
2. If yes for the above questions, will the H1 gets affected due to my L1 travel happened for few months?
3. When I am in U.S with L1-B and if my H1 petition approves, Is there any way can I change the status from L1B to H1b (within the same employer) without coming back to India?
4. Sounds funny - Luckily, when I am in India, if both the Visa's petition approve - which visa holds good option to select?

[raghvi]

Hello All,

I am not in US now. My L1 B individual and H1 B (2014) are simultaneously getting processed by the same employer. Where Both the status moved to RFE and the RFE docs are filed and waiting for the status. I know that we can travel U.S only thru any one work permit. But my questions are -

1. If L1 B gets approved before H1B, Can I travel to US and come back after few months so that I can get my H1 stamped and travel again with H1?
2. If yes for the above questions, will the H1 gets affected due to my L1 travel happened for few months?
3. When I am in U.S with L1-B and if my H1 petition approves, Is there any way can I change the status from L1B to H1b (within the same employer) without coming back to India?
4. Sounds funny - Luckily, when I am in India, if both the Visa's petition approve - which visa holds good option to select?

1. Yes it is possible.
2. Dont think so.
3. Yes it is possible.
4. I am sure the company would be having different policies for L1 and H1 See the benefits and decide accordingly. Also, do ensure you keep a copy of the H1 approval notice, as that can help you shift job in US, if you so desire to do so in future.

This is my opinion not legal advice.

[psrinivasan5]

1. Yes it is possible.
2. Dont think so.
3. Yes it is possible.
4. I am sure the company would be having different policies for L1 and H1 See the benefits and decide accordingly. Also, do ensure you keep a copy of the H1 approval notice, as that can help you shift job in US, if you so desire to do so in future.

This is my opinion not legal advice.

Raghvi, Thank you so much.