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Immigration Issues/doubts on L1 and H1 visas


QUESTION: I am currently working for company A in india. I got the approval for H1B for company B and even i got stamped also a month back. Now my company A tries to send me thru L1 and now they are in process of filing L1. Can i go with L1 for now by keeping H1 aside? once i reached there US and worked sometime for company A using L1, can i start work for company B using my stamped H1? Please let me know as i confused a lot. Thanks a lot in advance.

ANSWER: Madhu,
If you come on L1 and then you wish to work for company B, company B would have to file a fresh H1B application with a change of status from L1 to H1.
Good Luck
Mark Ashley

---------- FOLLOW-UP ----------

QUESTION: Thank for you response.
I actually have already H1 stamped which is filed by company B. Now my company A says they can file L1. Would my H1 create a problem in getting my L1? can we have both L1 and H1 visas at same time?

It should not create a problem.  Understand that you cannot enjoy both status as an H1 and L1 at the same time while in the US.  Your status will be determined by which visa you enter the country.  If you wish to change status in the US you have to file a change of status application.
Good Luck
Mark Ashley

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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