Immigration Issues/L1 to H1 conversion

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Question
Dear Sir

my husband has recently got his L1 stamped thru complany A which is now valid for three years and we are about to travel to US in Jan,however now he has received another luctrative offer from a good company B and they want to file H1 for him, however we do not want to loose this L1 visa which is already approved and stamped, hence request you to please let us know if we can travel to US now thru his current employer and then apply for H1 from there without having to give up the L1 until the H1b is approved or do we first need to give up current l1 and then try our luck with h1?

Answer
Hi,

My recommendation is to enter the U.S. and for your husband to start working for the L1 employer. The H1B petition can be filed anytime with the USCIS by the H1B employer. If it is approved and your husband is granted change of status to H1B, then he should start working for the H1B employer. If it is not approved, there is no disadvantage since he continues to maintain underlying L1 status.

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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