Applying L1 and H1B both at the same time


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Please help me on this.

Currently I am in India, Company A has sponsored my H1B and it got selected in the lottery.

Now my current Indian Company B planning to do L1 Visa for me.

So my Questions are :

1) Can i apply both L1 and H1b at the same time from different companies?

2) if i get L1 Visa, can i go to USA on L1 and transfer to H1b on the same Petition?

3) If my L1 Visa is rejected, any impact on H1B Visa petition status?

4) Can I get both L1 (Company B) and H1B Visas (Company A) while I am in India. Both will be valid or only one will be active at a time.

Please help me .


- Sam.

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1) Yes

2) If you get L1 visa, when you are in US your new employer(H1 petition holder) can file another petition and change your status from L1 to H1 so you can start working for them. Only after the current H1 petition that was selected gets approved.

3) No

4) No, you cannot have 2 types of visas valid at the same time.

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You are in the US only on the status appicable to your employer.

You may have both visas active.

You may have contractual obligations to both companies that you could find hard to meet.

It costs a significant amount to apply for a visa. Why would you be disloyal and have a company with which you do not intend to work file for a visa on your behalf.

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  • 10 months later...



My name is Navneet.  Can someone please advice me on the following scenario:


I've been in the US on a H4 visa since May 2013. I've worked for employer A from Jan 2011 to May 2013 in their India office.

Employer A is willing to file my L1-B visa. Employer B is willing to sponsor a H1-B visa(change of status h4 to h1). 

Not having H1-B before, I come under H1 cap. Also I haven't been told if the L1 -B is a blanket visa or individual petition..


If Employer A files for my L1-B and it gets approved and Employer B files for my H1-B around the same time (change of status from H4 to H1) and that gets approved too. 


         Is the above scenario possible? If so...


          Questions : 

             1. Do I get to make a choice of employer i.e. can I still be on L1? (since Employer A is my preferred employer)  

             2. What will be my work authorization status on Oct 1,2014 ?

             3. Will it have any impact on employment with employer A? 

             4. Are there any repercussions with employer B if i stay with employer A? (ex: will they take any legal action)

             5. Can employer A transfer my H1-B immediately without me having to work at employer B at all?  

             6. If answer to to 5 is a NO,

                   --   if employer A files for my L1 to H1 conversion next year, do I need to go through the H1-B cap again ?

             7. If L1-B is approved, do I need to go to India to start working?

             8. If answer to 7 is yes, will it have an impact on H1 approval?            



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