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Applied for H1B thro consultancy, current employer wants to do L1 Visa for me, can i apply for 2 Visas (L1, H1B) at the sametime

San Jose, CA |

I am in India.
I have applied for H1B through a consultancy in US, My current employer says he is going to apply L1 visa for me! I am already holding B1.
My question is, as I have already applied for H1B, if my current employer applies L1 visa for me, will it be a problem!? Is applying 2 Visas(L1, H1B) at sametime is a problem!?
Please help me! Applying for L1 with H1B already applied will lead to some issue in cancelling the Visas applied!?
Nathan J.

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Attorney answers 1



USCIS does not have a problem with someone applying for an H-1B and an L at the same time. You can actually have more than one visa at a time. However you can only have one immigration status at at time. Therefore you should discuss with an immigration law attorney the pros and cons of each visa to determine which status would be better for you. If you are in the US, applying for both visas at the same time will result in a situation where you could end up in either status depending on the order in which USCIS approves the petitions and the start dates for the status.

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