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L1 >>> H4 >>> H1

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  • L1 >>> H4 >>> H1

    Hi,

    I need you guys valuable suggestion in following query:

    My wife is having valid H4 & L1 visa, Last she got the L1 visa and she reached US in this June on L1. Once she reached US, due to some clients deal and project related issue her company have withdrawn the L1 offer in just 15 days time.

    Now, I'm planning to apply her COS from L1 to H4, since she has got her SSN# also hence she can't stay long in US for long time without having any job in hand, but in the mean time her application for H1 has picked up for this year. However she can start working on H1 again after changing the status from H4 to L1 from Oct 1st...??

    1. Can she stay on L1 till Oct. 1st, if at all her company is not paying her and also if they are not revoking her L1 till that time?

    2. Is it a gud idea to apply for COS now from L1 to H4 then again after 3 months down the line H4 to H1..??

    If you could let me know the best way to handle this situation then it w'd be a great help.

    Thanks in advance....!!

  • #2
    Originally posted by LATUU
    Hi,

    I need you guys valuable suggestion in following query:

    My wife is having valid H4 & L1 visa, Last she got the L1 visa and she reached US in this June on L1. Once she reached US, due to some clients deal and project related issue her company have withdrawn the L1 offer in just 15 days time.

    Now, I'm planning to apply her COS from L1 to H4, since she has got her SSN# also hence she can't stay long in US for long time without having any job in hand, but in the mean time her application for H1 has picked up for this year. However she can start working on H1 again after changing the status from H4 to L1 from Oct 1st...??

    1. Can she stay on L1 till Oct. 1st, if at all her company is not paying her and also if they are not revoking her L1 till that time?

    2. Is it a gud idea to apply for COS now from L1 to H4 then again after 3 months down the line H4 to H1..??

    If you could let me know the best way to handle this situation then it w'd be a great help.

    Thanks in advance....!!

    1. If company has already withdrawn the application, she is out of status and should levae ASAP and In my opinion, COS not possible if the emlpoyer has withdrawn the petition.

    Comment


    • #3
      So far compay has not withdrawn the application (petition), we have been in touch with them on the update. Also if at all they withdraw the application can she automatically move to H4 visa (which is already stamped on her passport) or we have to file COS?

      Originally posted by enigmatic10me
      1. If company has already withdrawn the application, she is out of status and should levae ASAP and In my opinion, COS not possible if the emlpoyer has withdrawn the petition.

      Comment


      • #4
        Originally posted by LATUU
        So far compay has not withdrawn the application (petition), we have been in touch with them on the update. Also if at all they withdraw the application can she automatically move to H4 visa (which is already stamped on her passport) or we have to file COS?

        You have to file her COS ASAP

        Comment


        • #5
          Thanks very much..!!
          But, once in october she'll move to H1 again we hav to apply for COS??

          Originally posted by enigmatic10me
          You have to file her COS ASAP

          Comment


          • #6
            Originally posted by LATUU
            Thanks very much..!!
            But, once in october she'll move to H1 again we hav to apply for COS??

            That's a good question. Wait to get reply from txh1b or DMX as I am not so sure on that.

            Comment


            • #7
              Your wife is out of status if she is not getting paid on L1 and has no project. You have two choices
              1. Travel to Mexico or Canada, come back with a H4 I-94 using the existing visa. Quick and easy immediate solution.
              2. If the last paystub is within a week or so, you can apply for a COS from L1 to H4, wait for it to be approved.


              Same thing again in Oct. Either go for a visa stamp or file for an amendment (employer has to for a COS) from H4 to H1.

              If she is out of status for a long time, none of these options will work and she has to go back immediately to the home country.

              None of the status changes are automatic.

              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.

              Comment


              • #8
                Thanks very much txh1b....!!

                Originally posted by txh1b
                Your wife is out of status if she is not getting paid on L1 and has no project. You have two choices
                1. Travel to Mexico or Canada, come back with a H4 I-94 using the existing visa. Quick and easy immediate solution.
                2. If the last paystub is within a week or so, you can apply for a COS from L1 to H4, wait for it to be approved.


                Same thing again in Oct. Either go for a visa stamp or file for an amendment (employer has to for a COS) from H4 to H1.

                If she is out of status for a long time, none of these options will work and she has to go back immediately to the home country.

                None of the status changes are automatic.

                Comment

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