Please clarify with L1 / H1 issues

[Anil123321]

Overview:

You guys are amazing and this site has a wealth of information regarging immigration. Coming to my situation.....

I have a L1B Blanket visa valid till Feb 2011. I have never travelled to US or any other country.

With the brief information, please clarify me with the following queries.

1. As two years of my visa validity have gone by with out myself travelling, can I still be able to travel on the same visa with the one year validity left?
In other words, Can I use this visa to travel now in Jan 2010?

2. If I travel in Jan 2010, will I face any problem at Port of Entry?
Any extra questions as to why I did not travel for two years and using the visa in the last year?

3. Assuming I dont travel, I am planning to apply for a visitor Visa (B2) in March. Do they have to cancel my L2 to give me the Visitor Visa? or Can I have both??

4. Company Y is ready to sponser me for a H1 in Apr 2010. If H1 status is approved, What happens to the present L1 that I have? Will I be having both?

5. Lastly, Can company Y sponser me for this year's H1 (2009) as they say that still USCIS is accepting the petitions?

Please clarify. Thank you.

[shervin143]

1. As two years of my visa validity have gone by with out myself travelling, can I still be able to travel on the same visa with the one year validity left?
In other words, Can I use this visa to travel now in Jan 2010?

>>>> Yes. Provided you still have the job.


2. If I travel in Jan 2010, will I face any problem at Port of Entry?
Any extra questions as to why I did not travel for two years and using the visa in the last year?

>>>> No.


3. Assuming I dont travel, I am planning to apply for a visitor Visa (B2) in March. Do they have to cancel my L2 to give me the Visitor Visa? or Can I have both??

>>>> Usually they won't cancel your work visa when you apply for business visa.


4. Company Y is ready to sponser me for a H1 in Apr 2010. If H1 status is approved, What happens to the present L1 that I have? Will I be having both?

>>>> You can have both H1B and L1 approvals. However, when you go for H1B stamping, there are chances that your L1 can get cancelled. If you decide to travel in L1 later, you need to get it stamped again (In case it was cancelled during your H1B stamping).


5. Lastly, Can company Y sponser me for this year's H1 (2009) as they say that still USCIS is accepting the petitions?

>>>> Yes.

[Anil123321]

Quick Clarification

Thank you Shervin.

For a quick clarification,

1. L1B can be used for 5 years. Now that I have one year validity left
(2 years went unused), if I apply for my extension at the end of this one year, will that extension be given for 2 years or 4 years?

2. Pls clarify if I still come under the 5 year timeframe even if I dont travel
for the entire visa period.

2. What are the chances of the I94 expiry date be given as per the Visa validity end date or for three years from the date of entry?

Please clarify.

[shervin143]

1. L1B can be used for 5 years. Now that I have one year validity left
(2 years went unused), if I apply for my extension at the end of this one year, will that extension be given for 2 years or 4 years?

>>>> Extension will be as per the request made by your employer (Project duration). The 5 year period is the time that you spend within U.S. So you can keep extending until the 5 year limit reaches.


2. Pls clarify if I still come under the 5 year timeframe even if I dont travel for the entire visa period.

>>>>> Yes. The 5 year period is the time that you spend within U.S in your L1B.


2. What are the chances of the I94 expiry date be given as per the Visa validity end date or for three years from the date of entry?

>>>>> Usually, they will give you an I-94 until the expiration date of the L1B petition. Later when you extend your petition from within U.S, you will get a new extended I-94 upon approval.