L1b be reactivated after H1b denial ?

[nchhabria]

I am applying for new H1b starting Oct 2012. I am on L1B visa currently, valid till August 2013 (its also stamped by consulate in India).

Here is a scenario:

if the H1B is approved before Oct 2012 and if I go to Canada or India in 1st week of Oct to get my stamping done and if the consulate denies my visa.

Here are my questions:

1. Will my L1b get reactivated, because now the COS is denied and am assuming L1B still holds ? and

2. Can I come back on L1B without any issues ?

3. If this is not a good option then please advise a better & safer approach.

Thanks!

[wiweq]

1. Will my L1b get reactivated, because now the COS is denied and am assuming L1B still holds ?

=> If you fulfill L1b requirements, you can enter in USA using required documents for L1b and unexpired L1b visa.

2. Can I come back on L1B without any issues?

=> Yes.

3. If this is not a good option then please advise a better & safer approach.

=> Yes, this is a good option.

[kalyan_ac]

Is the L1B and H1b employer the same?

Why do you think the h1b visa will be denied?

If the current L1b visa is cancelled with prejudice at the consulate, you may not be able to get back.

[nchhabria]

Thanks for your answers..

immigrationseeker, L1 & H1 employers are different. I am hoping it will get approved, but looking at the stringent process during stamping I am just being cautious and wanted to plan on worst case scenarios. Also why do you think that L1b visa will be cancelled ?

[wiweq]

"Also why do you think that L1b visa will be cancelled ?"

=> If they find you not admissible in USA, and issue 221g; they have all the rights to cancel your existing visas to stop you entering in USA, until your case is completed.

[kalyan_ac]

Thanks for your answers..

immigrationseeker, L1 & H1 employers are different. I am hoping it will get approved, but looking at the stringent process during stamping I am just being cautious and wanted to plan on worst case scenarios. Also why do you think that L1b visa will be cancelled ?

Some times the consulate stamps "Cancelled with prejudice" before making a decision to reject the visa you are applying for and screw up things.