Immigration Issues/L1B versus H1B

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Question
Hi,
I had recently gone to USA ON L1 to work for American branch of Company ABC. At the immigration , they asked the purpose of my visit , I told them I am here to work for Company ABC 's client . They saw my I129 documents and referred me to secondary processing counter. THere they explained that to work at client site I need to have H1 and one cannot work on L1 , I mentioned that I am still on Company ABC's payroll and it is an intra-company transfer. But they kept on insisting that I am here on a wrong Visa. Although I have been allowed entry on B1( I have a B1 visa too) for a month asking me to get an H1 visa meanwhile and come back again. Now my Company ABC refuses to process my H1 and they want to send me back on L1 via a different port of entry. Can you please advise if I run the risk of being deported

Answer
Hi,

L1 does not generally allow for working at client site even though you will still remain on Company ABC's payroll. Thus, H1B is indeed the correct visa category, but you are totally dependent upon Co. ABC filing the H1B petition for you. Hopefully you can convince Co. ABC of this fact, and advise that H1B can be filed through premium processing (the USCIS can make decision on H1B petition within 15 days of filing).

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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