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Immigration Issues/H1B and Canada work permit

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Question
Dear Ajay,

I am outside US with L1B visa supported by my current employer A and waiting for the approval of H1B petition
(change of status)supported by employer B. Since with H1B I can only start work after Oct.1st and employer B
may call me to work from Dec.2007 because of business recession, I take another offer by employer C to work in
Canada and so they are applying Canada work permit for me now. And working time of both application are overlapped.

The questions are the followings:

1. Would these two applications have negative effect with each other?

2. If any of them comes first, would the visa stamp on my passport have any negative effect when I try to get another visa stamp?

3. If I get both visa and work for 3 months in US as H1B and 4 months in Canada with work permit, is it OK for me to keep these two visas in valid status?

Thank you very much in advance and look forward to your reply!

Answer
Hi,

Employer B's H-1B petition, effective on October 01, will be activated only if you obtain H-1B visa at a U.S. Consulate in Canada or your home country, and then you use that visa to enter the U.S.

Since you can hold only one status at a time in the U.S., if you enter on the H-1B visa you will be unable to work for Employer A unless employer A takes one of two actions: files another L1B petition for you, or else you depart the U.S. and enter on existing L1B visa (assuming that it has not expired by that time).

When you apply for H-1B visa at the Consulate, the Consulate may cancel the existing L1B visa. If the Consulate does not cancel the existing L1B visa, when entering the U.S. you can choose under which visa category you would like to enter, depending on whether you will be working for Employer A or B.

When you are issued the visa at the Consulate, the visa remains valid until expiration. In other words, there is no hurry to enter the U.S.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

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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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