Entering US with L1B instead of H1B when candidate has both L1B and H1B

[irfan_509]

Hello

I am in US on L1B from an employer A. Another employer B processed my H1B and got it approved. I have to leave employer A and join employer B from october. Now I have L1B stamp in passport and I797 approval notice for H1B. Can I go out of country for vacation and enter US on L1B stamp without getting H1B stamped before october when I was still working for employer A. That is if I go out of country and try to enter US in september , can I enter US with L1B visa as L1B visa is valid till september end and H1B is not in affect. Even though H1B is not in affect, should I get H1B stamped if I try to enter US in august or september.

[kattu786]

Hello

I am in US on L1B from an employer A. Another employer B processed my H1B and got it approved. I have to leave employer A and join employer B from october. Now I have L1B stamp in passport and I797 approval notice for H1B. Can I go out of country for vacation and enter US on L1B stamp without getting H1B stamped before october when I was still working for employer A. That is if I go out of country and try to enter US in september , can I enter US with L1B visa as L1B visa is valid till september end and H1B is not in affect. Even though H1B is not in affect, should I get H1B stamped if I try to enter US in august or september.

Do you want to Join the H1 employer?

[t75]

You must obtain stamping if you intend to enter the US to work for your H-1B sponsor. If it is a legitimate offer and company, you should not be reluctant to go for stamping. Problems result from shady employers and fraudulent documents.

If you will be working on L1 upon your return, stamping is not necessary. If you have an approval for H-1B with attached I-94 in hand, you will not need to file an additional COS. If you left the US while the H-1B ws in processing and COS request was abandoned, you need to obtain a valid I-94 for that status prior to beginning work.