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H1 & L1 approved petition (not stamped), can I go for L1 stamping now

0 votes

I hope I will be able to get some response. Thanks in advance.

I am currently in US, and I have both L1B and H1B (without COS) approved petitions, both of them are  not yet stamped. I am planning to visit India in November'13. My questions:

1) Can I go only for L1B Stamping for now, and enter US on L1B? And have the option of going to H1B stamping later next year when my L1B expires (motive- is to stay on L1B as my spouse can also work)

2) Can I have both L1 & H1 stamped in  a single visit ? Enter US on L1B and then shift to H1 upon expiry of L1 ?

3) Is the concept of cancelling H1B true, if yes, under what circumstances ? Espicially does it pertain to my senerio 

Just For information:

- L1B - Expiry April 30, 2013

- H1B- Approved petition from year 2012 (got approved in 2012)

Regards,

 

asked Aug 11, 2013 in L1, L2, H4, B Visas & Misc by waiting4end (190 points)

1 Answer

0 votes
1. Yes, you can go for L-1B stamping and return on the same. You can move to H-1 later either by filing COS or entering US on stamped H-1 visa

2. I would avoid that. There is a chace that they will cancel one visa stamp when approving the other. So go for the visa stamp you want to use for now. You can get L-1 visa stamped and file COS later.

3. I am not sure what you are refering to here. H-1 can be withdrawn by employer anytime. However, based on your previously approved petition, you are eligible for cap-exempt petition in future w/o going through the lottery.
answered Aug 12, 2013 by Saurabh (284,320 points)
Saurabh.. You have been really helpful.  Your efforts to answer all the questions-  some silly, some similar,  and some very unique.. is highly commendable.  Like me you are helping many others with your knowledge.  

keep up the good work.  Thank you.



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