Want to apply for L1, but already have an H1-B stamp

[oldmonk]

Hi All,

I have an H1-B (valid from Feb '08 for 2 years) sponsored by a company in the US. But I haven't travelled to the US or joined that company, yet.

I am still working in India for another company. Now, my current employer wants me to apply for an L1 visa. I also have decided that it might be better to go to the US through my current employer.

Now, what would happen at the consulate? Will they cancel my H1 as soon as they get my L1 application? Or do they keep it valid till the L1 processing is done? Obviously I am worried that the L1 might get rejected and I would be stranded.

Has anyone been in a similar situation? Appreciate any pointers, suggestions, things to watch out for etc.

Thanks!
Monk

[upengan78]

I can not answer completely but I can suggest to go for L1 Visa or maintain it because if you are married or going to get married in nearest future, your L2 partner does not need H1 then, he/she will be eligible to work on L2+Employment authorization within 2/3 months - for any employer in USA.

[oldmonk]

Arrow Want to apply for L1, but already have an H1-B stamp

I can not answer completely but I can suggest to go for L1 Visa or maintain it because if you are married or going to get married in nearest future, your L2 partner does not need H1 then, he/she will be eligible to work on L2+Employment authorization within 2/3 months - for any employer in USA.

Thanks upengan. I don't intend to get married.

But this doesn't answer my original question. Is it safe to apply for an L1 when one already has a valid H1 stamp? Do they keep the H1 valid till processing on the L1 application is done? I really hope someone would have had experience in such a situaution. Appreciate any thoughts.

Thanks!
Monk

[waitin_toolong]

you can safely go for H1 stamping. many people have mutiple stamps in their passports.

the only danger would be if there was fraud or misrepresntation involved in some way

[oldmonk]

Want to apply for L1, but already have an H1-B stamp

Thanks waitin.

But elsewhere in the forum I've been reading about how it is not advisable to apply for H1 through multiple sponsors. Though my case is different - I have an H1 stamp which I haven't travelled with, and now want to file an L1 application with my current employer - I am worried if this also will be construed as 'multiple sponsors'.

-Monk