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I want to get H1B stamped and return back to US safely before October 2013 since I will still have a valid L1B. Is it doable?

Cleveland, OH |

I work for a company A in the US on L1B visa which is valid till April 2014. I found a job with company B who is filing for H1B in Arpil 2013.If the H1B gets approved, I can start working for company B from October 2013. However until then I can continue to work for company A on the L1.1. After the H1B get approved, if I travel to India a couple of months before October 2013 (where I still work on L1), Can I go for H1B stamping?
2. If H1B stamping is done without any issues, can I come back and work on L1B until October 2013 for company A and then switch to company B having a stamped H1B visa?
3. If H1B stamping is rejected, can I still come back to the US with my valid L1B?
4. Will the US consulate officer cancel my L1B visa when he/she stamps the H1B?
5. Can I get the stamping in Canada?

Attorney Answers 3

Posted

You will not be able to obtain H1b visa for entry into the United States until 10 days prior to October 1, 2013

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Mr. Brown is correct ... you can not enter the US more than 10 days before the H validity period.

Also, what you are proposing is an incredibly tricky 'juggling act' that needs to be orchestrated by the Company B Immigration attorney.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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First, the H1 should be approved. To reenter with a visa you have to convince the consulate. Your immigration attorney for the new employer should be able to guide you on what to do upon approval of the petition. Best Wishes!
Lalita Haran
13295 Illinois St., Ste 128
Carmel, IN 46032
Ph: (317) 660-6174
www.haranlaw.com

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Thank you for your Advice !!!

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