Travlling on L1 with approved H1

[ranjithreddy344]

Dear Sir,

I work for company A, i have L1B from company A. I was in USA for 11 months on L1B. Recently i'm back to India. During the time i was in US, employer B sponsored H1B for me. it is approved. Till now i didn't go for H1B stamping(Im in India). Now i got opportunity to travel on L1B from company A to the same client. I prefer to travel on L1 and change employer some time after october 1st.

Here are my Qns

1) Can i travel on L1 with approved H1 but not stamped ?

2) If i travel on my L1 do they ask about my H1 during the port of entry ?

3) Do they cancel my H1 if i travel on L1 ?

Please help me by answering my queries.. it is very urgent..

Thanks,

Ranjith

[ranjithreddy344]

Can someone please answer me.. it is very urgent

[ranjithreddy344]

Hello.. Sir it is very urgent.. please respond.

[Attorney_23]

Ordinarily, a person with an approve H1B petition can still travel on his/her L1B visa (assuming, he/she is entering to perform work for the L1B petitioner.) Working in L1B status would not generally impact an approved H1B petition.

That being said, even with an approved H1B petition, a person cannot begin working on the H1B unless he/she either enters in H1B status or files to change status after entering.

If you have any concerns regarding how best to proceed, you should schedule a consult with an experienced immigration attorney.

[Transformer]

1) Can i travel on L1 with approved H1 but not stamped ?

-- Yes

2) If i travel on my L1 do they ask about my H1 during the port of entry ?

--No

3) Do they cancel my H1 if i travel on L1 ?

--No

If you have plans to switch to H1 in near future, it's better you get stamping on H1 while you are in India. Remember your H1 stamping WILL NOT cancel your existing L1 stamp and you can still travel on L1. Whenever you want to switch to H1 you can leave the country and reenter (from Canada or Mexico border).

If you don't do the H1 stamping now, when you want to switch to H1 (same employer), you have to go back to home country, get H1 stamping and then reenter with H1 to start working on H1.

[ranjithreddy344]

Thanks a lot for the replies.. Here is my case.

I talked HR of the company who sponsored my H1B. She said you can't travel on L1 as we have applied your H1 as I-94 (She told something similar this which i didn't get completely. She asked me to check my approved pettition whether it has I-94 dates or not, i checked and told her that my approved pettition has that I-94 dates.). Then she said below.

1) If you travel on L1 now then your H1 will get cancelled.

2) She was not sure of the L1 status if the H1 stamping is rejected.

Can you help me with below Qns.

1) Is there any different type of H1 Visa applying process for those who are in USA on L1 while the new employer applied for H1 - as per my HR they applied differently in my case

2) If they applied like that, can i travel now on L1(for current company.. not stamped H1)

3) If i travel on L1 what will happen - do they cancel my H1 or do thay resticy my port of entry (some frnds told that as your company applied as change of status your L1 be invalid from Oct 1st)

4) If my H1 staming here in India is rejected then do they keep my L1 as is?.

Some of my Qns already answerd with the context that mine is regular H1. Please consider thia and answer please...

Thanks,

Ranjith

[eomerh6x]

1) If you travel on L1 now then your H1 will get cancelled.

Never, if you have L1 Stamped and H1 not stamped on the passport. You just have to travel on L1 and return back on L1 before October 1st, get H1 stamped and be here on H1 atleast by sept 20th , this is valid only if the H1 petition is approved. How did you apply for COS ? was it from L1 to H1? or H4 to H1? if it was from L1 to H1 then H1 will automatically kick in by october 1st with the I94 provided with H1, you will have to resign the L1 Employer and join the H1 B employer.

2) She was not sure of the L1 status if the H1 stamping is rejected.

Depends on the US officer at the consulate.
 

Can you help me with below Qns.

1) Is there any different type of H1 Visa applying process for those who are in USA on L1 while the new employer applied for H1 - as per my HR they applied differently in my case

 

It can only be applied as COS from L1 to H1 if you are in US, if you outside US, they will apply for a fresh H1.

2) If they applied like that, can i travel now on L1(for current company.. not stamped H1)
When did they apply H1, when you were in US?

3) If i travel on L1 what will happen - do they cancel my H1 or do thay resticy my port of entry (some frnds told that as your company applied as change of status your L1 be invalid from Oct 1st)
Yes, this is true.

4) If my H1 staming here in India is rejected then do they keep my L1 as is?

Yes, incase they dont approve H1, they will not cancel L1.