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L1-B to H1-B (COS-2008)

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  • L1-B to H1-B (COS-2008)

    Hi ,

    I am currently on L1-B status and also applied for H1-b this year 2008 and it got selected in lottery. i wanted to continue on L1 only.
    My wife is working on L2 ,she has a permanent position .
    My question is :
    Q#1 )
    My L1 is expiring on Sept,2008 and Extension is filed by my company 2 months back and its in process. Is there any possibility of rejecting L1 extension as H1-b also pending with USCIS during the same time ?

    Q#2) What should i do to retain my wife's L2 Status.

    Please advise,


  • #2
    Was your H1 applied with a COS (Change of Status) from L1 to H1?

    Having H1 pending does not cause the L1 extension to be rejected. L1 extension may go through fine if it is otherwise approvable.

    Look up last action rule if the H1 was applied with COS.
    Check out H1 FAQs first!


    • #3
      Thank you for your reply!!!

      Yes my H1 is applied with COS.

      What should i do to retain my wife's L2 status ? Can you please suggest for this also ?



      • #4
        Search for leapfrog on the forum. L2 remains valid only if you maintain L1 status properly and L2 is also extended.

        If you COS to H1b, L2 needs to COS to H4 otherwise becomes illegal.

        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.


        • #5
          L1 extension denied

          My l1 extension denied on 21st august 2008. I have a approved H1b with COS fron Oct1st 2008.Now I am out of status. Is that possible now to back dated the h1 B to my l1 expiry date(which is 15th august 2008) and avoid the my "out of status "?Pls reply.


          • #6
            Absolutely not. H1B under quota for 2009 (filed in 2008) can begin no earlier than Oct 1 , 2008.

            Leave the country inmmediately to avoid accumulating more out of status time. You must then get stamping and re-enter no earlier than Sept 21.

            The COS was issued assuming you would be in status on Sept 30. Since you are not the COS is not valid.