Hi
I already have my H1B visa stamped from an employer outside.
Now, my current employer is planning to file my L1 ( A or B ) .
Now what will happen having a valid H1 Visa?
Is it acceptable to go for L1 when having valid H1.
Will consolote reject the H1B if my L1 is granted?
-Is it possible to have 2 work permits?
-Is it possible to get L1 if I already have H1 ready?
Please clarify asap, as I need to take the decision urgently
Cheers
Kundan
Your H-1 visa consists of 2 parts - 797 approval document, visa stamp in the passport.
During the entire L-1 process, your 797 will not be impacted.
However, when you appear for L-1 visa stamping, the officer may cancel your H-1 visa w/o prejudice. If this topic comes up, you may request the officer to not cancel the stamp stating that you may have the use of it in near future; but it will be officer’s discretion.
Even if H-1 visa stamp in canceled, you can re-appear for H-1 stamping using the unexpired 797 document.
Do you have to submit your passport to your immigration team? If so, won’t they know that you have H-1 from outside?
thanks Saurabh.
Actually my status is just approval received status…not stamped yet.
Just wanted to know the situation if stamped.
Now I am just waiting for my current company to decide on the L1-A processing…so for the time being H1 stamping is on hold.
Any idea, how long the L1-A individual processing takes? both regular and premium.?
One more question is, my current employer is also exploring the possibility to transfer my H1B to them. Since my visa is not stamped…how long it takes to xfer the H1-B? again both regular and premium?
Another last silly question is…
After H1B transfer to current employer, in case he cannot find a US project, is it possible for me to transfer it to other external employer?
Please clarify.
I don’t think there is premium for L-1A. Processing can take 2-4 months but you have to check-up the timeline on USCIS site for your processing center.
For “transfer”, employer needs to file a cap-exempt petition for you. Under premium it will take 15 calendar days, while regular would take 2-4 months. Once approved, you can appear for stamping through them.
Yes, another employer can always file a cap-exempt petition for you (aka transfer)