Can L1 be proccessed while I am getting my H1

[303020484]

I am getting my H1B processed (for better job prospects), One of my friend (who is already in US) reffered me to a Consultant and he started the h1b processing in April 2006. However in last week I have got an offer in my current role and my employer in India wants to start off L1 processing in next 10 days. Will my L1 approval gets affected due to my H1 (which is in process since April 2006) or vice-a-versa. (i.e H1b approval/stamping getting affected by L1 process initiation)

FYI: I have already been to US on L1 in 2004 with the same employer.

Please suggest me as soon as possible, as my decision to accept internal offer(L1) is dependent on this.

Thanks a ton in advance !!

Regards,
Vithal

[veena_swsh]

Approval of L1 is quite independant of approval of H1B. You can have bothe the approvals, but at some point you will have to decide on what visa you want to travel to the US.

[rakesh253]

H1-L1 conflict

Hi Veena,

I was told that, after getting H1 approved, if one goes for L1 then H1 is lost and only L1 stays. Is this correct?

I am also in a similar predicament as the other person. I appyling H1 personally thru my friend in US. My interview date is in December. Now my current employer wants me to get L1. So if only of H1/L1 is possible, I have to make a decision and inform my current employer.

If u are not sure, pls point me to some source where I can get an answer.

Thanks in advance

[veena_swsh]

The validity of each of the petition stays irrespective of the other. If you go to US on L1 and return say after one year, then you can choose to go for your H1B stamping then, provided your approval has that validity. Suppose you get your L1 visa stamped and then approach the consulate for a H1B visa stamp, then the Visa Officer may cancel the L1 visa without prejudice. In my understanding, one can maintain only one non-immigrant status at any point of time.