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L1 to H-1B tricky situation When to apply?

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  • L1 to H-1B tricky situation When to apply?

    I am working on L1 Visa valid till next year and my spouse is working on dependent L2 visa EAD in another firm,. My spouse's firm is sponsoring her H1-B this year and will be submitting petition on April 1st.

    Now I would also like to try for some Job/ change my employer and transfer to H1-B in the current year. I had some offers last year as well, but could not continue as if I changed to H1-B my spouse will become H4 and not eligible for work.

    My Question is when I can accept any offer and start the H1-B filing?

    1) If my petition is approved and My Spouse's H1-B petition is rejected , is there a way I can withdraw my H1B before Oct 1st so that I will remain in L1 and my spouse can continue working in L2.

    2) Do I have to wait till my spouse's petition to be approved before starting my H1-B filing to be safe? Problem is chances of getting a Job will be very less by that time as H1-B quota will be almost over


    Please provide your guidance. Thanks in advance
    Last edited by visaonlinenew; 03-19-2012, 08:03 PM.

  • #2
    My Question is when I can accept any offer and start the H1-B filing?
    >>> Are you filing your H1B under a brand new CAP (starts on April 1st with H1B effective date of Oct 1st or later) or do you already have a CAP from a previous H1B approval that you are trying to use to start working in H1B before Oct 1st?

    1) If my petition is approved and My Spouse's H1-B petition is rejected , is there a way I can withdraw my H1B before Oct 1st so that I will remain in L1 and my wife can continue working in L2.
    >>> Withdrawing your approved H1B COS will not automatically you back in L1 status. If you want to get back to L1, then you should leave the country and return back in L1 visa after Oct 1st (after H1B effective date).

    2) Do I have to wait till my wife's petition to be approved before starting my H1-B filing to be safe? Problem is chances of getting a Job will be very less by that time as H1-B quota will be almost over.
    >>> Yeah! that is the safest bet. Otherwise, you both can file the individual H1B petitions. If any of your petitions gets rejected, leave the country and return back in L1/L2 after the H1B effective date. Or ask your wife to file her petition in premium (If filed on April 1st in Premium process, she will get the result within April 15th if there are no RFEs). Based on the result, file your petition.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Yes I never had H1B before so will file in the new cap.

      Originally posted by shervin143 View Post
      My Question is when I can accept any offer and start the H1-B filing?
      >>> Are you filing your H1B under a brand new CAP (starts on April 1st with H1B effective date of Oct 1st or later) or do you already have a CAP from a previous H1B approval that you are trying to use to start working in H1B before Oct 1st?

      What if the employer who sponsored my H1-B did not withdraw or the process did not complete on Oct 1st? Can I leave the country on Oct 1st and then come back on L1 visa and continue working in L1? I assume since my passport will have L1-B stamp only, I need not do anything outside the country to come back in L1?So if I just go to canada and come back next day I will be back in L1 status?

      1) If my petition is approved and My Spouse's H1-B petition is rejected , is there a way I can withdraw my H1B before Oct 1st so that I will remain in L1 and my wife can continue working in L2.
      >>> Withdrawing your approved H1B COS will not automatically you back in L1 status. If you want to get back to L1, then you should leave the country and return back in L1 visa after Oct 1st (after H1B effective date).

      Yah we are checking on the Premium option, we have to pay the $1250 from our pockets so thinking is it really worth

      2) Do I have to wait till my wife's petition to be approved before starting my H1-B filing to be safe? Problem is chances of getting a Job will be very less by that time as H1-B quota will be almost over.
      >>> Yeah! that is the safest bet. Otherwise, you both can file the individual H1B petitions. If any of your petitions gets rejected, leave the country and return back in L1/L2 after the H1B effective date. Or ask your wife to file her petition in premium (If filed on April 1st in Premium process, she will get the result within April 15th if there are no RFEs). Based on the result, file your petition.
      Last edited by visaonlinenew; 03-19-2012, 08:33 PM.

      Comment


      • #4
        What if the employer who sponsored my H1-B did not withdraw or the process did not complete on Oct 1st? Can I leave the country on Oct 1st and then come back on L1 visa and continue working in L1? I assume since my passport will have L1-B stamp only, I need not do anything outside the country to come back in L1?So if I just go to canada and come back next day I will be back in L1 status?
        >>> Search and read about the last action rule. If you leave the country and return back in L1 and then if the H1B gets approved with a new I-94, then your status will change to H1B and the whole trip will be worthless. It is not advisable to leave the country when a petition for an extension or COS is pending with USCIS.

        Yah we are checking on the Premium option, we have to pay the $1250 from our pockets so thinking is it really worth
        >>> Well, that is up to you to decide. It is better than leaving the country and re-entering. Your safest bet is to file your H1B after your wife's H1B approval if you don't want to take any other risk.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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