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  • L1 to H1 options

    Hi,

    My husband is on an L1B visa while I am on an H1 visa. Both with top tier firms. He wishes to apply for an H1B this year as his L1 ends in June 2009. He is a Masters graduate from the US. I have the following queries:

    a) What category of H1 will he be eligible for?
    b) Considering the fact that he can start working on H1B only after October 1st, should he still apply with a COS from L1 to H1?
    c) Can he continue to remain in the US between June 2009 and October 2009?
    d) Should he move to H4 before applying for H1 so the L1 to H1 time gap can be addressed?

    I would really appreciate your responses to the above questions. (Maybe in little more detail than Yes/No). Thank you.

  • #2
    My husband is on an L1B visa while I am on an H1 visa. Both with top tier firms. He wishes to apply for an H1B this year as his L1 ends in June 2009. He is a Masters graduate from the US. I have the following queries:

    a) What category of H1 will he be eligible for?

    ---- There is no category for H1 (you have to elaborate this). If you are already on H1 you must be knowing all the details

    b) Considering the fact that he can start working on H1B only after October 1st, should he still apply with a COS from L1 to H1?

    ---- Yes , Of Course

    c) Can he continue to remain in the US between June 2009 and October 2009?

    ---- No, He should have some status and he can apply ofr H4 before L1 expires

    d) Should he move to H4 before applying for H1 so the L1 to H1 time gap can be addressed?

    ---- Read above

    ---- Ensure that there is sufficient time left for H1 as L1 and H1 together has a maximum of 6 years of stay, unless other aspects like labor certification are in progress

    Subramanya

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