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Hi
My husband came to US on L1B , which expired in Dec 2012 and our i-94 is valid until April 2015 and our 5 year L1B limit reaches in Jan 2015...My husband's company is planning to file Green card for him.So to keep him legal while the GC is being processed they are filing H1B petition this year (april 2013).
I am working on L2-EAD now.
My husbands company attorney has given him 2 options for the H1B petition
1) Change of status with effect from October 1, 2013 : we need to get it stamped ONLY if are going out of the country
2) Consular processing : we need to go out of the country before the current i94 expires ,and go to the embassy and get it stamped and reenter the cuntry with the H1 visa--Do we need to attend a visa interview at the consulate for this ??Is it like a fresh H1B visa processing ?? ..The benefit of this option is I can work until 2015 ON MY EAD because I am not going under H4 until then
We feel that the consular processing is risky because what if they reject our application at the consulate ??Anyone has any experience on this??...we think if we do Change of status here , the rejection rate is less and even if they reject we have the L1 status to stay back here until 2015..
Anyone has any experience on this ???
My husband came to US on L1B , which expired in Dec 2012 and our i-94 is valid until April 2015 and our 5 year L1B limit reaches in Jan 2015...My husband's company is planning to file Green card for him.So to keep him legal while the GC is being processed they are filing H1B petition this year (april 2013).
I am working on L2-EAD now.
My husbands company attorney has given him 2 options for the H1B petition
1) Change of status with effect from October 1, 2013 : we need to get it stamped ONLY if are going out of the country
2) Consular processing : we need to go out of the country before the current i94 expires ,and go to the embassy and get it stamped and reenter the cuntry with the H1 visa--Do we need to attend a visa interview at the consulate for this ??Is it like a fresh H1B visa processing ?? ..The benefit of this option is I can work until 2015 ON MY EAD because I am not going under H4 until then
We feel that the consular processing is risky because what if they reject our application at the consulate ??Anyone has any experience on this??...we think if we do Change of status here , the rejection rate is less and even if they reject we have the L1 status to stay back here until 2015..
Anyone has any experience on this ???
