L1 related tricky questions

[sarge]

1)If someone joins a company, then the company sends the person multiple times to US on B1. The employee comes multiple times..spends 3 months and returns to the host country. After the completion of 1 year(after joining) can the company send the person to US on L1?


will the reason of comming to US on multiple times in B1 reduce the period of having spent 'outside' US?



further will the employee have to be 'physically' present outside US.i.e the employee being 'physically' present in US on B1 multiple times..start the 1 year clock again everytime the employee comes to US?



2)...If U have L1, H1, B1 and H4 stampings will the status of the other get affected?

Following is the sequence.

Candidate has an H4
Candidate files H1B through company A
Candidate files for B1 through company B
Candidate comes to US on B1 and returns
After 1 yr candidate files L1 through company B
Candidate goes for H1 stamping
Candidate goes for L1 stamping
Candidate comes to US on L1

What is the validity of the 4 different visas above? H4, H1, B1, L1
Can the candidate travel on any of the above visas?
What is the best way to maintain the L1 and H1 petitions? And also keep the validity of the H4?


All inputs are welcome including detailed.

[ActAccord]

Below is my understanding...others/seniors pls correct if any info is wrong

1)If someone joins a company, then the company sends the person multiple times to US on B1. The employee comes multiple times..spends 3 months and returns to the host country. After the completion of 1 year(after joining) can the company send the person to US on L1?


will the reason of comming to US on multiple times in B1 reduce the period of having spent 'outside' US?


further will the employee have to be 'physically' present outside US.i.e the employee being 'physically' present in US on B1 multiple times..start the 1 year clock again everytime the employee comes to US?

Company can file L1 after 1 year of completion, your time spent on B1 has no effect on this (need to validated it). L1 requires you to be a employee of that organisation for atleast 1 yr thats it....

2)...If U have L1, H1, B1 and H4 stampings will the status of the other get affected?

Following is the sequence.

Candidate has an H4
Candidate files H1B through company A
the above two can happen no issues
Candidate files for B1 through company B
Once you got your H1b you can apply for B1 but your H1b become void...and i don't think you can have both in your ppt. At the time of your second stamping (h1 or b1 whichever comes second) your first visa will be cancelled....
Candidate comes to US on B1 and returns
On Company B am i right to say this...
After 1 yr candidate files L1 through company B
yes you can file L1, your B1 become void once your L1 got approved
Candidate goes for H1 stamping
Now your B1 become void and you need to withdraw you L1
Candidate goes for L1 stamping
If you haven't withdrew, Now your H1 become void on L1 stamping
Candidate comes to US on L1

What is the validity of the 4 different visas above? H4, H1, B1, L1

H4 is valid till your primary H1 (your spouse H1, not yours) is valid (max 6Yrs after renewal), you can't hold and live in both H1 or H4. you have to decide on which visa you want to stay in US. If you want to work you have to be in H1 otherwise u have to be in H4 (because without job/pay you cannot stay for more than 10 to 15 days on H1.)

B1 is valid for multiple entry (yrs depends on the stamping) and maximum duration of stay is upto 3 months

L1- you are eligble to work for only the company which sponsor your L1 and you are not eligible for filing GC and duration is depends on your stamping

Can the candidate travel on any of the above visas?
Candidate can travel on any of the above visas, only work permit, stay duration, and immigration permission will vary.

What is the best way to maintain the L1 and H1 petitions? And also keep the validity of the H4?

Can i say it is too much to think ...you have to decide on which you want to stay , in simple you can change from one visa to other but cannot hold all the visa as a valid one.


Note: The above information is upto my knowledge, there is good chances my understanding could be wrong. So wait for some seniors to answer/validate my answer.

All inputs are welcome including detailed.

[sarge]

thx for the reply Act accord.

The first question i think the answer is as you mentioned...have checked a few sources and they seem to confirm..as of now unless someone says otherwise we can safely assume that B1 will have no effect.

The 2nd question is not that want to hold all the possible options...just need to have options to work in the US. U can say certain circumstances cause this jigery pokery of comming to US...

looks like from ur answer that once u go for an alternate visa the earlier visa expires...though not sure how the work visa and non-work visas cancel each other out....the L1 cancelling out H1 i can understand...so in that case looks like better to delay stamping of H1.

Obviously the best to stay is a work visa and I think L1 in my opinion...but until it comes..need to find all ways and means to get the candidate to US(and still enable to work)