Does status change to H1 invalidates stamped L1 visa?

[mishiankur]

Hi,

I am working on L1 visa currently. I have also got the H1 approval from the current employer and my status will be automatically changed to H1 on Oct-1-2011. The expiry date of the stamped L1 visa is Dec-7-2011.

I will be going to Europe for tourism in Nov-13-2011 and will return to US on Nov-27-2011. Since, I won't have H1 visa stamped on my passport at that time but will have a valid L1 visa till Dec-7-2011, will I be able to enter US on basis of that and then get the status converted from L1 to H1 again? Can there be any complications?

Please answer.

Thanks.

[kabkaba]

First of all you must stop working for the L1 employer on Sep 30 and start working for H1 employer on Oct 1, if they are different.
If you enter the US on L1 Visa in L1 status, you will need valid L1 petition. Also, you will have to work for L1 employer and H1 employer will again need to file change of status amendment to change your status back to H1. You will not be able to work for H1 employer until that gets approved.
Alternative is to apply for H1 Visa while abroad and return in H1 status.