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Immigration Issues/L1 - H1B stamping query

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Question
Hi,

I'm on L1B visa in US through Company A. I'm in I-94 since my visa was expired. Another company B has filed for H1B visa on April 2006. For some reason i have to go back to India this Aug 25, 2006.

1) since i'm going back to India, whether my H1B petition will become void/cancelled

2) since company B has applied for change of status whether my L1B will become void and no longer can be used for re-stamping in India

3) once i'm in India for which visa i have to go for stamping - L1B from company A or H1B from Company B

4) if it is for H1B from company B then do i require 3 month payslip like that.

Answer
Hi Kumarasamy,

Once your H-1B petition is approved, and you are granted "change of status" to H-1B visa status, you will automatically be in H-1B status if you are in the U.S. at that time. If you are not in the U.S. upon approval of the H-1B petition, you must apply for the H-1B visa at the nearest U.S. Consulate if the purpose of your entry is expected to work for Company B. The Consulate will ask for evidence that you were maintaining L1B status while you were in the U.S. (such as recent pay stubs).

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

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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