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I am on L1visa & my I-94 is valid till Nov2013. Another employer is filing H1B visa in Apr( Regular) so can I go to India in May

Cary, NC |

I am on L1visa & my I-94 is valid till Nov2013. Another employer is filing H1B visa in this April(under Regular category) so can I go to India in May and come back in June and continue working for my L1 employer till Sep30th and then move to the H1 Employer from Oct 1st ?
My concern is, what will happen if my H1B petition gets approved when I am in India.
Can I come back on my L1 with the new I-94 from the Port of entry for 4 or 5 months as per my earlier I-94 or Do they question me that I have a new I-94 approved for H1 which needs to be stamped in India ? Will I be sent back to India to get my H1 stamping or do they allow me to enter USA with my L1 original validity till Nov2013 ?

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Attorney answers 2


I edited the tags to increase the chance of a response from an immigration lawyer.

David Mallen

David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies.


If you are still working for the L employer you may return on the L visa. If you are not working for the L employer travel on the L visa is not appropriate. If you enter on the L visa with the approved H1b you will need to file for a change of status to H1b.

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