Immigration Issues/L-1B to H-1B

Advertisement


Question
Dear Mr Arora,
I am currently working with my Indian IT company on an L-1B visa. I wish to apply for a H-1B visa via a consultancy here in USA. In case my H-1B visa application is approved, will my L-1B status cease to be valid? My L-1B visa is valid till Oct 2012, and is due for extension at that time. Can my current employer (Indian IT company) still apply for my L-1B visa extension, even after I have received the H-1B visa? That is, is it possible and legal to hold 2 different kinds of work visas (L-1B & H-1B) together at the same time?
Would appreciate your expert feedback on this.
Thanks and regards,
Deep

Answer
Hi,

You can hold only one status at a time in the U.S., and the H1B approval notice will take effect on Oct. 01, 2012 (not earlier due to visa cap issues) and you will automatically be in H1B status at that time and no longer in L1B status. Thus, if your H1B petition is approved granting you change of status on Oct. 01, you will need to terminate your L1B employment on Oct. 01.  

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


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.

©2016 About.com. All rights reserved.