Legal Question in Immigration Law in New York

hello there,

My passport has L1B visa stamping valid till 12-june-2010

I applied for H1B visa this year and I got approval as well...

So my question is, on which visa I am right now? i.e. H1B or L1B?

because I have both(H1B and L1B) visa valid....meaning I have a valid stamping for L1B visa and valid approval notice for H1B visa...


Asked on 9/13/09, 12:53 pm

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

If your H1b is approved starting from October 1, 2009, you will be in H-1B status after that date and when you start working for the petitioning employer. You cannot hold two non-immigrant statuses at the same time. If traveling internationally and returning to USA, you cannot return on L1 visa, but will have to obtain a H1B visa at US consulate abroad.

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Answered on 9/18/09, 1:00 pm
Antoinette Wooten The Wooten Legal Consulting, PC

I would need more information regarding your particular case before I can comment on it properly.

However, what I can say is that if you are working or about to start working with the corporation that sponsored you for the H1B visa (for that is what I am assuming you have received the H1B visa to do) then the H1B visa trumps the L1B.

Patricia Martin-Gibbons

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Answered on 9/19/09, 11:40 am


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