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L1 to H4 COS and vice versa

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  • L1 to H4 COS and vice versa

    I am right now working for my company on L1. Since my project will be over soon, rather than leaving for India, I plan to stay back in US by applying for COS to H4 (my husband is on H1).
    After the COS, in case if i get a new project from my company can I start work again on the same L1 petition or will my company have to file a new petition all over again.

    Thanks in advance

  • #2
    Once the L1 to H4 COS is approved, you are no longer on L1 and if you want to get back on L1, the company has to file a COS amendment again provided all other L1 requirements are met and you can only begin work after the L1 COS is approved.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      Thanks for your reply.
      Alternatively, can I continue to stay in the US on L1 as I would be taking leave without pay. Is this legally allowed or is there any time limit on the leave when on L1.

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      • #4
        Leave without pay to hide non-project period is illegal. You should change to H4 and do the right thing than look for illegal workearounds.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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