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Can I Continue to Work for My L-1B Employer after My H-1B Status Approval?

Hi William:

Currently, I am working on a L-1B visa in U.S. I had applied for my H-1B visa through another consulting company, because my L-1B employer would not sponsor my Green Card application. I have got my H-1B status application approved yet. 

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 he H-1B approved through the consulting company. My question is: can I continue to work for my L-1B employer after my H-1B status approval? Please help me. 

Answer:

Many people with an nonimmigrant status in United States sign up with another company and have no idea what their obligations and responsibilities are. These people may think "I want an H-1B status or visa because of the Green Card application and my L-1 employer would not sponsor me." But H-1B visa or status 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 a H-1B application is filed in United States for requesting "Change of Status" and the alien applicant is given a Form I-797A with new I-94 card at the bottom, as opposed to Form I-797B with a request for U.S. Consular Notification abroad. After the H-1B status change approval in United States, the alien applicant can only work for the H-1B employer, and can no longer work for the L-1B employer. In another words, an alien worker definitely cannot have 2 nonimmigrant status (L-1B and H-1B in this case) in the U.S. at the same time, although an alien can potentially have 2 H-1B employers at the same time. 









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