urgent help needed H1 visa cos to counselar

[pankaj23k]

Hi all

Me and my spouse applied for H1 this year in premiuim process in cos .
My visa didnt get pick but hers got picked and her petition is apprvoed.
Problem here is she is currently on L1 blanket visa withi94 valid till feb 2015 and i am workin on l2 ead with same validity.
Now since her h1 is approved and since it is cos , from 1st oct i willbe out ofstatus.
Is it advisable to apply to change the process from cos to counselar process ??so that we can get time till feb 2015 and my wife can get the visa stamping during that time. Meanwhile i will also get time time work till feb.
If u guys have any suggestion kindly share
Thanks inadvnace

[raghvi]

Hi all

Me and my spouse applied for H1 this year in premiuim process in cos .
My visa didnt get pick but hers got picked and her petition is apprvoed.
Problem here is she is currently on L1 blanket visa withi94 valid till feb 2015 and i am workin on l2 ead with same validity.
Now since her h1 is approved and since it is cos , from 1st oct i willbe out ofstatus.
Is it advisable to apply to change the process from cos to counselar process ??so that we can get time till feb 2015 and my wife can get the visa stamping during that time. Meanwhile i will also get time time work till feb.
If u guys have any suggestion kindly share
Thanks inadvnace

There are two ways for you to continue on L2.
1. Your spouse should convince her H1 employer to do an amendment to convert from COS to Consular process. This has to happen before 01-Oct-2014.
OR
2. You and your spouse should leave US before 01-Oct-2014, go for fresh L1/L2 stamping (as visas already expired) and return on L1 and L2 visas.

I dont think you would be keen to do the option 2 considering the risks associated with it, and dont know if employer would be willing to do option 1, especially if L1 and H1 are different employers, plus the additional legal costs associated with it as again in Feb a L1 to H1 COS would need to be applied.

You would have to see if additional 5 Months of L2 work for you is worth either of the two options above.

This is my opinion not legal advice.

[pankaj23k]

urgent help needed H1 visa cos to counselar

Thanks raghvi

I would rather go for option 1 as her employer is ready to bear the expense in making amendment for cos to counselar process.

Since her petition is approved. What is the risk involved in going for counselar process.
Is this advisable at all?
Thanks again for your help

[raghvi]

Thanks raghvi

I would rather go for option 1 as her employer is ready to bear the expense in making amendment for cos to counselar process.

Since her petition is approved. What is the risk involved in going for counselar process.
Is this advisable at all?
Thanks again for your help

Then in case go ahead and premium process the amendment from COS to Consular. Down the line in Feb 2015 USCIS would need valid justification if you want to do a Consular to COS again. If in Feb 2015 the Consular to COS is rejected you two would have to go out and return with H1 and H4 stamping.

If the petition is already approved with the employer I see minimal risk.

This is my opinion not legal advice.