Can one have H1 and L1 both...??

[mcpratap]

Hello

Need some urgent help.

I am working with company-A.

While working with company-A, another consultant-B applied for H1. Got the H1 approval and got it stamped.

Now, Company-A has some urgent project work and they want to process my L1A. I told them about my H1, but they do not want to transfer it.

Question:-

Since, I already have H1B stamped, what would be the status of H1B if I go for L1A stamping with Company-A?

Would H1b remain valid or not?

Looking for an early reply.

[jairichi]

Probably US consulate will cancel it. Having said that you can stay in US on only one status.

[JoeF]

You can have multiple visas, but only one status in the US.

[MeethiS]

I have a similar situation but may be has a H4 status attached to person.

 

Person A has H4 and currently in India working company C1. Another company C2 applied for H1 (Cap exempt). In the mean time person A traveled to US for a short vacation on H4 visa. While in US got to know H1 (cap exempt) application has been approved. Person A travels back to India so as to resign C1 and serve notice period for C1.

 

Question#1: Can A travel back to US on H4 and apply for COS after reaching US?

 

Question#2: If Company C1 wants to  apply L1, will it get rejected due to H1B petition approved? Are there any scenarios we should be aware of?

 

Question#3: Lets us suppose if A comes back to US on L1 and due to some reason loses job; can a new employer C3 use previous approved petition & apply for H1B transfer? Is there any timeframe before which H1 transfer has to happen? Will any documents be needed from employee C2 ?

 

Question#4: If Company C1 is ready to transfer H1, can this happen when A is in India?

 

Thanks for reading this through.. will be glad if someone can suggest on these queries.