Immigration Issues/L1A - H1 & H4

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Question
Hello,

I have L1A for a company based in India. L1A is valid till 2011. Meanwhile another company filed for my H1 petition with out COS and it got approved in September 2008.

1. Now if I travel to US on L1 and later want to shift to H1, can I go to stamping in canada or mexico.

2. If I get my H1 stamped in india itself, will my L1 visa still be valid?

3. My husband is in US. If I go for H4 visa stamping, will my L1 visa and H1 petitions still be valid? Also will there be any problem converting H4 to H1 later?

Thanks
Jyothi

Answer
Hi,

If you enter the U.S. on L1 visa, in order to activate H1B visa status, you can apply for H1B visa stamp at any U.S. Consulate in Canada or Mexico, or in your home country.

If you enter the U.S. on H1B visa stamp, and you later want to change status to L1 (anytime prior to 2011, when L1 approval notice expires), you will need to depart the U.S. and enter on L1 visa stamp issued by a U.S. Consulate in Canada or Mexico, or in your home country.

You can enter on H4 visa stamp, and then depart the U.S. and obtain H1B or L1 visa stamp and then enter the U.S. in order to activate H1B or L1 visa status.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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