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H1 visa councelar process

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  • H1 visa councelar process

    Hi all

    I am currently working on EAD Of my wife's L1B visa.
    This year we both applied for H1 visa since we both were on I94.
    Her h1 b got selected in lottery but mine didnt.
    Since she has L1 B visa I94 till feb 2015 so even my ead till feb 2015. But now many are saying that since her company has applied on councelar process, premeium procession, so from 1st oct her L1B visa will become invalid and she has to start on H1.
    If that is true i will automatically come to h4 on which i cant work.

    Is that true.. Also if yes can you please suggest if any alternatives to work without converting to H1 visa as fas as we can stretch

  • #2
    Originally posted by pankaj23k View Post
    Hi all

    I am currently working on EAD Of my wife's L1B visa.
    This year we both applied for H1 visa since we both were on I94.
    Her h1 b got selected in lottery but mine didnt.
    Since she has L1 B visa I94 till feb 2015 so even my ead till feb 2015. But now many are saying that since her company has applied on councelar process, premeium procession, so from 1st oct her L1B visa will become invalid and she has to start on H1.
    If that is true i will automatically come to h4 on which i cant work.

    Is that true.. Also if yes can you please suggest if any alternatives to work without converting to H1 visa as fas as we can stretch
    You seem to have got confused between the meaning of Consular Process Vs Change Of Status.
    If your spouse's H1 was applied as Change Of Status, then , yes, your spouse will automatically move to H1 on 01-Oct-2014 (if that is the requested H1 start date) and must work and get paid by the H1 employer from that date, and subsequently you would also have to move to H4 from that day and cannot work.

    If your spouse's H1 was applied as consular process then she will move to H1 only after either getting an amendment done to H1 to convert from Consular to COS OR by leaving US, getting H1 stamped and returning.

    You also do need to realize that she can be on L1 and you on L2 only till Feb 2015 (only if her H1 was applied as consular process as explained above), in order for you to work on L2/EAD beyond that your wife would need to apply L1 extension and get it approved, and you would need to apply L2, EAD and get it approved.

    This is my opinion not legal advice.

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