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jusanche · Feb 9, 2009, 11:19 PM

Hello,

I got the H1B approved and stamped on my passport. But then my company sent me on L1B blanket to USA. I still have my original H1B petition with me though.

Do I benefit due to this scenario? Is it true that I do not need to wait for Apr and I do not fall under the quota system? Can I file for my H1 any time round the year and does it get approved in a matter of few weeks?

Also please guide me with some reliable and reputed Consultants in US whom I can approach for the same. Also some pointers regarding consultants who pay on bench would be appreciated.

Thanks

lawanwadee · Feb 10, 2009, 01:48 PM

You can have more than one type of visas in your passport at the same time, but you can only use one at a time. So if you enter US as L-1, notify immigration officer at the port of entry.

jusanche · Feb 10, 2009, 02:01 PM

I thought that, the moment you have a 2nd visa on the passport, the 1st one is null and void.

lawanwadee · Feb 10, 2009, 02:28 PM

Originally Posted by jusanche

I thought that, the moment you have a 2nd visa on the passport, the 1st one is null and void.

Nope!

DCcityboy · Feb 11, 2009, 11:08 AM

Originally Posted by lawanwadee

Nope!

She is correct. The first visa is still valid, if the conoff didn't cancel it (usually a strikethrough annotated CWOP, which stands for "cancelled without prejudice"). Please note that the H-1B visa is only helpful if you are working for or going to work for the H-1B petitioner annotated on the visa or if you have a new petitioner, they have an approval notice I-797. If the petitioner is the same as the one for your blanket L-1B, then they can have you enter as either. Remember you are limited to 5 years on the L-1B and 6 years on the H-1B and all times are aggregated. Good luck! :)

DCcityboy · Feb 11, 2009, 11:13 AM

And to completely answer your question, since you have been already approved as an H-1B, you have already been counted for the 65,000 visa cap for the fiscal year that you filed. So you do not need to file again in April (for new H-1B's only). If you do file with a new petitioner, it does not need to be approved for you to begin work under the "portability" regulations. In fact you don't need to file with I-907 premium processing (15 day adjudication) either, unless you really need the I-797 approval notice. Hope this helps!