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Can i apply for L1b after getting stamping for H1b

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  • Can i apply for L1b after getting stamping for H1b

    Hi

    I got my H1b stamped on Sep 2008 by a US Consultancy, then on I lost touch with the consultancy as there was recession. Then i sent several mails to the Consultancy but didn't get any response.

    Now i'm working for an MNC in india and i have around 3 year experience in this company. Company started initiating a L1 Blanket visa for me.

    I have few questions

    1) Will i get the L1b stamping if i already have a H1B stamping ?
    2) Will i get any qns from the embassy during stamping - why i have not used my H1B till now ?
    3) In future if required can i request for an extension of H1b which i have not used ?
    4) Will my H1b go void if i go for a L1b with a new company ?
    5) What are the benefits of L1b when compared to a H1B?
    6) In case if I work in US in L1B and return back to India, can i still use my old H1B visa which is valid till Sep 2011 ?

  • #2
    1) Will i get the L1b stamping if i already have a H1B stamping ?
    >>> Yes.

    2) Will i get any qns from the embassy during stamping - why i have not used my H1B till now ?
    >>> You may. Explain that the project didn't start and so you couldn't travel.

    3) In future if required can i request for an extension of H1b which i have not used ?
    >>> Extension is possible only when you are already in H1B status. Your current H1B employer or a new employer can apply a new H1B petition using the CAP from the current petition and request an immediate start date (no need to wait until Oct 1st)

    4) Will my H1b go void if i go for a L1b with a new company ?
    >>> No. The petition will remain valid until it's expiry date provided the petition is not revoked by the employer.

    5) What are the benefits of L1b when compared to a H1B?
    >>> L1B is an intra company transfer. You can work only for the company who petitioned you to work in L1. In H1B, any company can file a transfer and get you under their payroll.

    6) In case if I work in US in L1B and return back to India, can i still use my old H1B visa which is valid till Sep 2011 ?
    >>> Most likely your H1B visa will be cancelled when you go for L1 interview. If they decide to leave it valid, then you can use it.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks a lot for you reply..

      Originally posted by shervin143 View Post
      1) Will i get the L1b stamping if i already have a H1B stamping ?
      >>> Yes.

      2) Will i get any qns from the embassy during stamping - why i have not used my H1B till now ?
      >>> You may. Explain that the project didn't start and so you couldn't travel.

      3) In future if required can i request for an extension of H1b which i have not used ?
      >>> Extension is possible only when you are already in H1B status. Your current H1B employer or a new employer can apply a new H1B petition using the CAP from the current petition and request an immediate start date (no need to wait until Oct 1st)

      4) Will my H1b go void if i go for a L1b with a new company ?
      >>> No. The petition will remain valid until it's expiry date provided the petition is not revoked by the employer.

      5) What are the benefits of L1b when compared to a H1B?
      >>> L1B is an intra company transfer. You can work only for the company who petitioned you to work in L1. In H1B, any company can file a transfer and get you under their payroll.

      6) In case if I work in US in L1B and return back to India, can i still use my old H1B visa which is valid till Sep 2011 ?
      >>> Most likely your H1B visa will be cancelled when you go for L1 interview. If they decide to leave it valid, then you can use it.

      Comment

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