H1B stamping issues having a valid L1B

[jackjobs]

Hi,

I work for a company A in the US on L1B visa which is valid till April 2014. I found a job with company B who is filing for H1B in Arpil 2013.If the H1B gets approved, I can start working for company B from October 2013. However until then I can continue to work for company A on the L1. Please calrify the below:

1. After the H1B get approved, if I travel to India a couple of months before October 2013 (where I still work on L1), Can I go for H1B stamping?

2. If H1B stamping is done without any issues, can I come back and work on L1B until October 2013 for company A and then switch to company B having a stamped H1B visa?

3. If H1B stamping is rejected, can I still come back to the US with my valid L1B?

4. Will the US consulate officer cancel my L1B visa when he/she stamps the H1B?

5. Can I get the stamping in Canada? If so what is the risk of doing it?

All I am trying to understand is if H1B petition gets approved, I want to get it stamped and return back to US safely before October 2013 since I will still have a valid L1 and is not supposed to work in H1 until october 2013. These days a lot of people get H1B rejected when they go for stamping and gets stuck there. In my case can I take this safe option? I am not trying to misuse the Visas here but want to be safe and return to the US even if the H1 stamping is rejected. Please advise me. Many thanks !!!

[wiweq]

1. After the H1B get approved, if I travel to India a couple of months before October 2013 (where I still work on L1), Can I go for H1B stamping?

=> Yes, you can enter in USA before 30 days to start your H1b status.

2. If H1B stamping is done without any issues, can I come back and work on L1B until October 2013 for company A and then switch to company B having a stamped H1B visa?

=> Yes you can continue working on L1 and start working on H1b from Oct 1st.

3. If H1B stamping is rejected, can I still come back to the US with my valid L1B?

=> If H1b is rejected you can still enter in USA on L1 and start working on H1b from Oct 1st. Not getting visa stamping won't stop your COS unless they ask USCIS to revoke your petition.

4. Will the US consulate officer cancel my L1B visa when he/she stamps the H1B?

=> Depends on the reason of cancelling H1b. If they found you fraud they can cancel all of the visas on your Passport.

5. Can I get the stamping in Canada? If so what is the risk of doing it?

=> As far as I know they ask to go to home country to get stamping. Renewal can be done from other countries.

[Attorney_25]

You are permitted to have 2 valid visas in your passport at the same time. So you can apply for the H-1B visa while you're in India (or in Canada) and return on the L-1 visa. You may want to put a sticky note "Do not cancel" over the L-1, because the consulates sometimes inappropriately cancel visas. You can return on the L-1 visa.

However, to start working in H-1B status you will need to either have your L-1 status changed to H-1B status while you remain in the US, or travel out of the US and back in using the H-1B visa. You cannot have 2 different statuses in the US (that is, two I-94s for different statuses). If you need more personalized advice, please schedule a consultation with a qualified immigration attorney.

[jackjobs]

Thank you both for your advice !!!