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Keeping H1 lottery petition alive and continue working on L1

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  • Keeping H1 lottery petition alive and continue working on L1

    Hello all
    I am working in US on L1 Visa and my wife is working on L1 EAD. My case for H1 via another employer is picked up for 2021 lottery.
    As per rules on Oct 1st my visa will be changed to H1 and my wife no longer can work in US.
    I need help to know if I can keep the precious H1 petition and still we both continue work on L1 and L1 EAD? do I have option to go out of US and come back on L1 visa stamping?

  • #2
    Hi,
    If you don't want to change your status, then you can file the H1B petition with consular processing. Whenever you go for visa stamping then you can change your status.. If you dont prefer to change your status while you travel overseas, you can still remain use L visa to travel.
    I need help to know if I can keep the precious H1 petition and still we both continue work on L1 and L1 EAD?
    Answer: Yes. That's possible. As I stated above, file H1B petition with consular processing request.
    do I have option to go out of US and come back on L1 visa stamping?
    Answer: Yes.
    Thanks

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    • #3
      Even move from L1 to H1 possible without consular processing. Your company can file Change of Status if your are already in US. Same has been done for me .

      Better to keep H1 as a last option as your dependent will loose their work permit on H4 unless i140 is approved.


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