You are here:

Immigration Issues/L1 stamped, H1B visa cancelled

Advertisement


Question
Dear Mr.Mark,
First wanted to thank you for providing valuable answers and suggestion to thousands of different yet similar questions for each individual.

My issue is,I work for indian company located in India,I got My L1B stamped in 2007 Aug through company X and travelled to USA for 1 month period.Got my SSN also.and in 2007 NOv got my H1b stamped for a consultant. during my H1 stamping visa officer did not cancelled my L1B visa. Now am planning to travel to USA on my L1B , as my company misplaced the L1B related docs , the consulate officer asked for the passport to cancel my H1b visa and will provide the L1b documents.
1) Though the H1b Visa is cancelled ,the petition still
  valid?
2) if i travel to to USA on L1B and my H1b visa is cancelled, can i go for COS from L1to H1 for my old H1 employer or new employer.

3) If am eligible for L-H cos as per 2nd question , then when should i go for stamping.

And aslo please let me know the other issues that i may face which i didnt not ask you due to lack of knowledge.

Many thanks in advance

Answer
Venkat,
The rule is you can only be on one status at a time.  Thus, if you had a change of status to H1B you would no longer be on L1 status.  
1)  Since you were counted against the cap, you may be eligible to have a new H1 employer sponsor a new H1B petition.
2)  If you enter on L1b you need to work for the L1b employer and then change status to H1B once in the US.
3)  The time is up to you to go for stamping.
Good Luck
Mark Ashley
www.ashleykrishnan.com

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Mark Ashley

Expertise

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,www.ashleykrishnan.com.

Experience

18 years as a practicing attorney.

Organizations
Member of AILA

Education/Credentials
JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

©2016 About.com. All rights reserved.