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L1 to H1 COS deferrence - Please advice

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  • raghvi
    replied
    Originally posted by amit.g6 View Post
    1. I am on L1B blanket and working for Company A, wife on L2 EAD and working for company B. Our visas and I-94 are valid till feb 2014. We came US in July 2011.

    2. My company (A) filed H1b (change of status from L1b to H1b) for me and I have got the receipt (selected in lottery), normal processing.

    4. My wife's company (B) also filed H1B for her - haven't received receipt notice yet.

    5. If my wife's H1b doesn't come in lottery than how can she continue to work till Feb 2014 till our L visas are valid ?

    I have thought of below actions, please advice

    Once my H1b gets approved (around June - july 2013 as its normal processing), than I'll leave US before Oct 1st and come back on L1B . In this way automatic change of status will get void on Oct 1st, 2013. Correct ?

    --If I have to file for change of status again to shift to H1B when my L1b expires in Feb 2014...is that possible ?
    --Can I do it or my company A has to do it ?
    --Is premium processing possible in this case ?
    --How much is the fee from COS from L1b to H1b (exclusive of PP).
    --Can my wife easily transfer from L2 to H4 at that time ?
    --Sometimes at the port of entry, immigration officer gives I-94 for 2-3 more years beyond L1b visa (as its blanket visa). If it happens with me also, can I still apply for COS from L1 to H1 much before I-94 expiry ? Or I can't because I-94 will be valid for long at that time ?
    Yes it can be done
    --yes you can.
    --since you are working for an employer the employer should petition the USCIS
    --I guess 325 excluding lawyer fees check with the lawyer
    -- don't see any issues
    --yes you can, you will have to apply for spouse extension separately.
    The only thing that may spoil this plan is if your spouse doesn't get H1 and you get I94 only till Feb 2014when you return on L1 (I hope that doesn't happen).
    This is my opinion not legal advice.

    Leave a comment:


  • amit.g6
    started a topic L1 to H1 COS deferrence - Please advice

    L1 to H1 COS deferrence - Please advice

    1. I am on L1B blanket and working for Company A, wife on L2 EAD and working for company B. Our visas and I-94 are valid till feb 2014. We came US in July 2011.

    2. My company (A) filed H1b (change of status from L1b to H1b) for me and I have got the receipt (selected in lottery), normal processing.

    4. My wife's company (B) also filed H1B for her - haven't received receipt notice yet.

    5. If my wife's H1b doesn't come in lottery than how can she continue to work till Feb 2014 till our L visas are valid ?

    I have thought of below actions, please advice

    Once my H1b gets approved (around June - july 2013 as its normal processing), than I'll leave US before Oct 1st and come back on L1B . In this way automatic change of status will get void on Oct 1st, 2013. Correct ?

    --If I have to file for change of status again to shift to H1B when my L1b expires in Feb 2014...is that possible ?
    --Can I do it or my company A has to do it ?
    --Is premium processing possible in this case ?
    --How much is the fee from COS from L1b to H1b (exclusive of PP).
    --Can my wife easily transfer from L2 to H4 at that time ?
    --Sometimes at the port of entry, immigration officer gives I-94 for 2-3 more years beyond L1b visa (as its blanket visa). If it happens with me also, can I still apply for COS from L1 to H1 much before I-94 expiry ? Or I can't because I-94 will be valid for long at that time ?

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