Valid H1B - Application/Approval of L1A possible?

[NJ_US_VISA]

Hi,

I have a valid H1B visa by company A which got stamped in Jan 2018. I have not yet traveled to US.

However, based on my day to day responsibilities and duties, company B (a subsidiary of company A) has approached me for filing an L1A. Please help me understand the following better:

• How does that work? Will USCIS accept the case as I already hold a valid work permit, which is H1B?
• If they accept the case and I appear for the L1A interview, what are the chances that the visa would be denied only because I hold another valid work permit?
• I have read and heard, one can not have 2 valid work permits at the same time, so if the L1A is approved, will USCIS cancel the stamped H1B visa?
• Also if L1A is not approved, will the approved H1B still in place?

[pontevecchio]

Work permit is the wrong connotation. If you qualify for L1A, then you will get the visa. You may or may not have multiple valid visas in the passport and you will use the appropriate visa to enter the country in the appropriate status.

[NJ_US_VISA]

Thanks for replying! So, during the interview there might be questions around already stamped H1B and of course on L1A.. right?

[pontevecchio]

They can ask any questions and you obviously need to be truthful but brief. I would assume you know more about your job than the esteemed VO.

The subsidiary thing is the kicker. Were you ever connected to B in terms of work?

[NJ_US_VISA]

Yes, I have worked on few projects/accounts won by B.