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Old 12-19-2003, 03:25 PM   #1 (permalink)
Hitocanada
 
Posts: 23
Default Apply L1 while H1-B in process ?

Hi,



I am in the process of sending document to the prospective employer to
file the petition for H1-B visa. Meanwhile the company I am working for
also talking to me to transfer to USA in L1 visa. Assume, first I go for
H1-B and later ( while H1-B is in process) I go for L1 visa. When I
apply for L1, do I need to tell anything about the H1-B to the current
employer ?



Pls. guide me and tell me the consequence.

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Old 01-02-2004, 03:53 AM   #2 (permalink)
Ingo Pakleppa - See Web Site For Email
 
Posts: 1056
Default Re: Apply L1 while H1-B in process ?

On Fri, 19 Dec 2003 16:25:12 +0000, hitocanada wrote:


    > Hi,
    >
    > I am in the process of sending document to the prospective employer to
    > file the petition for H1-B visa. Meanwhile the company I am working for
    > also talking to me to transfer to USA in L1 visa. Assume, first I go for
    > H1-B and later ( while H1-B is in process) I go for L1 visa. When I
    > apply for L1, do I need to tell anything about the H1-B to the current
    > employer ?

It depends. US immigration authorities will need to know about the H-1B.
If you are outside the USA, it is probably enough if you tell the
consulate. If you are in the USA, this information would have to be
submitted together with the application to change status, or the petition.

Since the petition is filed by the employer, in effect you would indeed
have to tell the employer (or at least the lawyer who handles the
paperwork).
__________________
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
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Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
 
Old 01-27-2004, 04:50 PM   #3 (permalink)
Hitocanada
 
Posts: 23
Default Re: Apply L1 while H1-B in process ?

Hi,

Thanks for your reply.

I am outside USA now. So I just need to
tell the consulate. By the way, WHEN do I need to tell the consulate ?
At the time of L1 petition OR at the time of L1 stamping ?

    >>>Since the
petition is filed by the employer, in effect you would >>>indeed
    >>>have
to tell the employer (or at least the lawyer who handles >>>the

    >>>paperwork).

I am afraid to tell the employer/lawer ( iahve to
contact through employer as I am outside USA) as company MAY NOT file L1
petition.


PLEASE ADVISE ME.





Originally posted by Ingo
Pakleppa - See Web Site For Email
    > On Fri, 19 Dec 2003 16:25:12
+0000, hitocanada wrote:
    >
    >
    > > Hi,
    > >
    > > I
am in the process of sending document to the prospective employer
to
    > > file the petition for H1-B visa. Meanwhile the company I
am working for
    > > also talking to me to transfer to USA in L1
visa. Assume, first I go for
    > > H1-B and later ( while H1-B is
in process) I go for L1 visa. When I
    > > apply for L1, do I
need to tell anything about the H1-B to the current
    > >
employer ?
    >
    > It depends. US immigration authorities will need to
know about the H-1B.
    > If you are outside the USA, it is probably enough
if you tell the
    > consulate. If you are in the USA, this information
would have to be
    > submitted together with the application to change
status, or the petition.
    >
    > Since the petition is filed by the
employer, in effect you would indeed
    > have to tell the employer (or at
least the lawyer who handles the
    > paperwork).
    >
    > --
    > Remember, I am
strictly a layperson without any legal training. I encourage
    > everybody
to seek competent legal counsel rather than relying on usenet
newsgroups.
    >
    > Please support H.R. 539, H.R. 832 and S. 1510. More
information at
    > http://www.kkeane.com/lobbyspousal-
faq.shtmlhttp://www.kkeane.com/lobbyspousal-faq.shtml
    >
Please visit my new FAQ at
http://www.kkeane.com/http://www.kkeane.com (always under
construction)
    >
    > My email address in usenet posts is now invalid for
spam protection. See
    > my Web site for information on how to contact me.

    >
    > Please feel free to enjoy some of my photographs at my Web site

http://www.ingopakleppa.com/http://www.ingopakleppa.com !
Comments are welcome.

__________________
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