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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. 


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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