Can I apply L1 and H1 at the same time with different employer

USA
1

Hello,

Currently, I’m in India, Company A is going to file my H1B in 2019 CAP, and my current Indian Company B planning to do L1 Visa for me.

So, my queries are:

  1. Can I apply both L1 and H1b at the same time from two different companies?

  2. If my L1 Visa is rejected, any impact on current H1B petition status?

  3. Can I have both L1 (Company B) and H1B (Company A) while I am in India? Both will be valid or only one will be active at a time.

  4. If I get L1 Visa, can I go to the USA on L1 and transfer to H1b on the same Petition if my H1B approved in 2019?

Can you please help me with these question

2

You can apply for both L1 and H1B at the same time legally.

Their result can be independently achieved.

Yes, you can have both L1 and H1B from separate companies and use any one of them.

If you enter USA using L1A and then later decide to switch over to H1B, you will need to file L1 to H1B change of status application.

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3

Thanks a lot for your response. This helps.

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5

Hello - I’m also in a similar situation. Did you land in the US using L1 or H1B? if you have used L1, were you able to switch to H-1B after coming to the US?

6

Hi,
Can I apply for L1A if my Perm/I-140 is in process?

7

@anil_am22 When we say that L1 holders can not switch company… then how we are able to change the status application from L1 to H1b and start working with another employer ?

8

L1 can’t change employer while in L1 status. L1 holder will need to do a change of status to H1B to be able to work for the H1B sponsoring employer.

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9

Thank You for the answer. When H1B is approved from the new employer while i am a L1 Holder, do i need to exit US and re-enter US to be able to start working with new employer with new Visa H1B ?
How does change of status from L1 to H1b (for new employer) works ?

10

You can either leave the US and get a H1B visa stamp or you have option to do change of status from L1 to H1B while in the US. If COS is approved you will need to stop working for L1 employer and start working for H1B employer.

11

Hi @Arjun_Neelam and @learn_groovy,

I am in similar situation. Can you guys please share your experience as in you landed US on L1 or H1B ? And also where you later on able to switch over from one category to another ?

Appreciate your response.