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L1A - H1B visa from Same Company

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  • L1A - H1B visa from Same Company

    I am currently on L1A visa from company A since March 2014. I initially got it for 3 years.
    I have recently filed extension and my L1A visa got extended for 2 years till March 2017.

    I understand that the max duration one can stay on L1A is 7 years (3 years initial validity + 2 years first extension + 2 years final extension).

    My employer would like to file H1B visa for me this year as a contingency in case I don't get the second extension.

    Can the same person have both L1A and H1B visas from same company ? or Do I have to give up one of the visas in case my H1B gets picked up in lottery ?
    If I also gets H1 visa, what happens when I go out out of the country on short trips and come back ? Will the immigration officer stamp me under L1A or H1B visa ?

    If I get the H1 visa, will the max stay 6 year clock recycle and get started from the day on which I am on H1 ?

    If I am have both L1 and H1 visas, can my employer still file GC under EB1 ?

  • #2
    Same query

    Originally posted by vince123 View Post
    I am currently on L1A visa from company A since March 2014. I initially got it for 3 years.
    I have recently filed extension and my L1A visa got extended for 2 years till March 2017.

    I understand that the max duration one can stay on L1A is 7 years (3 years initial validity + 2 years first extension + 2 years final extension).

    My employer would like to file H1B visa for me this year as a contingency in case I don't get the second extension.

    Can the same person have both L1A and H1B visas from same company ? or Do I have to give up one of the visas in case my H1B gets picked up in lottery ?
    If I also gets H1 visa, what happens when I go out out of the country on short trips and come back ? Will the immigration officer stamp me under L1A or H1B visa ?

    If I get the H1 visa, will the max stay 6 year clock recycle and get started from the day on which I am on H1 ?

    If I am have both L1 and H1 visas, can my employer still file GC under EB1 ?
    Hi -

    My husband is in a similar boat and just wanted to see what option did you finally take?

    Comment


    • #3
      Originally posted by vince123 View Post
      Can the same person have both L1A and H1B visas from same company ? or Do I have to give up one of the visas in case my H1B gets picked up in lottery ?
      Legally you can have both visa at the same time - but when you go for stamping for your newer visa (H1 in your case) the VO will cancel your existing L1 visa.

      Originally posted by vince123 View Post
      If I also gets H1 visa, what happens when I go out out of the country on short trips and come back ? Will the immigration officer stamp me under L1A or H1B visa ?
      So, if your H1B petition is approved & you still wish to use your existing L1 visa - do not apply for H1 visa when you go out of USA & show your existing L1 while returning to USA

      Originally posted by vince123 View Post
      If I get the H1 visa, will the max stay 6 year clock recycle and get started from the day on which I am on H1 ?
      No, it will restart only if you stay out of USA for an year & switch.

      Originally posted by vince123 View Post
      If I am have both L1 and H1 visas, can my employer still file GC under EB1 ?
      Earlier it use to be the case (EB1C for H1), but not sure if that is still open (you might want to consult an attorney).
      - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

      If my opinion helping you, then please do click "like" button below.

      Comment

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