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L1B to H1B (cap exempt). Can I work for L1B employer?

Phoenix, AZ |

I am working with ABC company on L1B visa. XYZ company is filing my H1B under premium processing on 3/21/2013. They are cap exempt employer. Assuming that I will get the H1B approval by 4/4/2013, Can I work for ABC company after the H1B approval to serve the notice period, if the joining date with XYZ company is 5/6/2013?

I am planning to leave for India on 11th April and get the H1B visa stamped there. I'll be returning on 4/30/2013. XYZ company will be filing my application for consular processing rather than change of status.

Attorney Answers 3


Yes as long as the h1 b petition is filed for consular process and approved without a change of status you can continue to work on L 1 for abc as long as your current I- 94 is valid. You status will only change when you return to the U.s. on a h1 b visa

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Carl Michael Shusterman

Carl Michael Shusterman


Good answer


You can continue to work in L-1 status until you go abroad and return with an H-1B visa.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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A noncitizen can hold multiple visa stamps in his or her passport and use those in accordance with the purpose of a particular trip. A noncitizen can only be in one status at the time.

A noncitizen cannot change status unless the status from which the change is sought is valid on the day when the change of status application is filed.

The last action rule applies unless additional H1B employment is claimed instead of change of status. This is why it is always dangerous to file multiple petitions at the same time.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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