Immigration Issues/Validity of H1B

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Question
Hi Ajay,

I had approved petitions of L1B Extension and H1 COS at the same time.

I was out of country for a while. And got stamped with L1 Extension with USCIS before returned to the country.

Does my H1 approval still valid? Am I allowed to move to another organization with H1?

Please advise.

Answer
Hi,

You can hold only one nonimmigrant visa status at a time in the U.S., and the latest action by the USCIS is issuance of L1B status at the port-of-entry to the U.S. (as noted on the I-94 issued to you at the port-of-entry). You can activate H1B status by going outside the U.S., applying for an H1B visa stamp at a U.S. Consulate based on the H1B approval notice that you have been issued by the USCIS earlier, and entering on the unexpired H1B visa stamp issued by a U.S. Consulate. Alternatively, your H1B employer can file another H1B petition for you with the USCIS requesting change of status from L1B to H1B.

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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