Immigration Issues/H1B while overseas

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Question
Hello,
 I current work for a company in the US on a H1B visa. This visa expires in Nov 2012 (can be extended for another 3 years). My company now wants to send me to their branch in france for 1 year. I will be paid in euros and will be an employee of the french branch working on a French work permit. Under this scenario what will happen to my H1B?
When I come back after 1 year (around Sep 2012) my organization has proposed to get me back on a L1B visa? Can I not come back on my h1B?
What will I have to do to maintain the H1B status?
If I travel back and forth on a Business visa (B) between US and France will that invalidate my H1B?

I would really appreciate a quick answer to this question since this is urgent.

Thank you

Answer
Hi,

You can come back to the U.S. on existing H1B visa if the purpose of your entry will be to work in H1B status for the sponsoring company. If you apply for a business visa at a U.S. Consulate, in most cases the Consulate will cancel any other existing visas such as H1B.

Since your company wants for you to enter in L1B visa status, the company will file L1B petition with the USCIS and after approval you will obtain L1B visa stamp at a U.S. Consulate in France. It is up to the company in which visa status it wants you to enter the U.S., but I do not see any advantage in L1B visa status over H1B.

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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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