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L1B to H1B to EB1C
My name was picked up under H1B lottery in the 29th July draw, I’m seeking your guidance on the if. how to proceed with the H1B application and clarity on the implications on the below:

Current situation:
- My visa status is L1B, which is currently valid from 19th June 2019 till 18th June 2022
- Filed under EB1 Green card applications(I-140, AOS etc…) on 14th August 2021
- My wife is currently on L2 EAD
- Per our earlier discussion, I’m scheduled for visa interview for change of status at the Canada USA Consulate on 18th January’22
- In addition, applied for change of status L1B to L1A under regular processing(online) on August’21, awaiting result

My Understanding of Implications if we decide to move to H1B as Change of Status are following:
- Makes GC case much stronger(takes managerial question out of equation)
- No risk of visa status until green card is approved, can be renewed multiple times
- Don’t need to go for L1A for change of status
- My wife loose the job and ability to work here in US for now..
- If green card application is rejected, I will loose L1 status through which myu wife would have been able to work for the time i have the L1 status valid
- very high emotional cost for my wife as she will have to quit the current job, await EAD and then again go through the process of finding new job

if we opt for Consular notification
- My wife can continue to work here in US till her EAD is valid and no break in work authorization as we'll likely get the EAD on green card AOS application
- Makes the green card application less stronger as I will be judged on L1B
- Risk of going out of work authorization and might need to move back to India for some time
- Will need to travel out of the country before L1B renewal to get the stamp. No option to renew it from here in US

Continue the current visa status L1B and hope to get the L1B to L1A visa interview approval
- L1B 1st renewal due in June'2022
- Still need to convert the visa to L1A which is risky
- Higher risk of rejection of green card

Looking for advice on what is the recommendation looking at the situation and facts
All Replies (4)


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