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My L-1 Employer Would not Sponsor Me Green Card

Hi William:

Currently, I am working on a L1B visa. I had applied for my H1B visa through another consulting company, because my L-1 employer won't sponsor me Green Card application. I have got my H1B approved. In addition, given the current situation, I am not planning to resign from my present company where I am working with L1B visa, until I get a job through the consulting company. My question is: If I go back to my home country and enter U.S. again, will my H1B visa get cancelled? Please help me. 

Answer:

Many people sign up with these consulting firms and have no idea what their obligations and responsibilities are. These people just think "I want an H-1B because of the Green Card application and my L-1 employer won't sponsor me." But H-1Bs are not supposed to be obtained as an option for employment at some point in the future convenience of Green Card application. The H-1B petitions are supposed to be filed for specific job openings, not speculative employment.

If the H-1B petition was filed for you requesting "change of status" and you were given a Form I-797A with new I-94 card at the bottom, as opposed to Form I-797B with a request for consular notification; then you are in H-1B status now, and you should not work for your L1 employer at this time, which would be a huge mess. But If you are the beneficiary of an I-797B H-1B petition approval notice requesting consular notification, then you are not required to 'activate' the H-1B, rather it just sits there until you obtain an H-1B visa from a US consulate abroad and re-enter the US on the new H-1B travel visa. 

You definitely cannot have 2 temporary visa (L1 and H1) statuses at the same time, although you can potentially have 2 H-1B employers at the same time. 










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