Leaving country with H1 Approved and L1 extension pending

[iwantvisainfo]

Hello Forum Experts,

 

Need urgent info for a friend:

 

Here is her situation:

Her L1 visa, i94 is over and company X (current employer) has filed for L1 extension two months back and she is leaving US end of this month. Also her H1B is approved from company Y (Consular processing). 

 

Questions :

 

1. As her H1B is approved and she has stayed beyond October 1st will it cause any issues in stamping either L1 or H1 ?

 

2. She wanted to get H1 stamped as L1 extension process will take months but prefers to come back on L1. Can she go for L1 stamping (if it gets approved) post H1 stamping or is it allowed to have only one visa stamped ?

 

3. If she goes with L1 only (no H1 stamping) does she have to do any other thing (like COS) once she returns to US on L1 ?

 

Looking for immediate help. Appreciate your prompt response.

 

 

[jairichi]

1. No.

2. She can go for L1 stamping and is she already had a H1B  visa stamped it will be canceled by consulate.

3. No, as her H1B was approved as consular processing and she entered on L1 visa to work for L1 employer. When she wants to work on H1B she either exits and enters US with a valid H1B visa and I797 or employer files for COS.

[iwantvisainfo]

thanks for quick response.