L1A with H1B

[VenkatGovindan]

Hi Friends,

My employer wants me to apply for L1A Individual (L1A Blanket got denied back in 2014) for a managerial role in US. I have the eligibility for the same. But, I already have an approved H1B VISA processed through another company based out of US. This is processed based out of a specific requirement and role. Is it valid and legal to apply for L1A with the current employer? Please note that I have not traveled to US using the approved H1B so far.

If it is valid to apply for L1A, what will be the status of my H1B?The reason for me thinking to apply for L1A (rather than quitting and traveling for the other company with H1B) is that I am trying to keep my wife working. This will only be possible if I am in L1 status.

I am terribly confused and trying to get my hands on with any information related to this. Any help in this regard would be greatly beneficial.

Many thanks in advance!

[raghvi]

Hi Friends,

My employer wants me to apply for L1A Individual (L1A Blanket got denied back in 2014) for a managerial role in US. I have the eligibility for the same. But, I already have an approved H1B VISA processed through another company based out of US. This is processed based out of a specific requirement and role. Is it valid and legal to apply for L1A with the current employer? Please note that I have not traveled to US using the approved H1B so far.

If it is valid to apply for L1A, what will be the status of my H1B?The reason for me thinking to apply for L1A (rather than quitting and traveling for the other company with H1B) is that I am trying to keep my wife working. This will only be possible if I am in L1 status.

I am terribly confused and trying to get my hands on with any information related to this. Any help in this regard would be greatly beneficial.

Many thanks in advance!

Do you already have a H1 visa stamped in the passport? It is allowed to file L1A while already holding an H1 in passport, but you got to tread carefully and weigh your options as you can have only one valid work visa in passport be it L1 or H1. Also, sometimes officers cancel an already existing visa before issuing a new one. So the risk is that if officer cancels your H1 without issuing you an L1. If you are not sure of success of L1A might want to avoid taking that chance.

This is my opinion not legal advice.

[Libra_14]

Applying for an L1 while already having H1 is a good sign in the view of consular. It says you had an option to move to US earlier, but you gave preference to current employer & stayed back in India & a good chance that you'll come back to India over a period of time.

Yes, Raghavi is right, they may cancel your H1, if they feel so.

If you are so worried, you may want to ask your employer to transfer your H1 & let you be on H1 only - regarding your spouse, you can apply for an H1 for her this year itself.