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  • L2 to H1 or L1B

    Hi,

    I am currently in USA on L2 Visa with EAD Valid till 18th Nov'12. My spouse's visa L1B will also expire 18th Nov'12. His employer has already filed H1B with COS and H4 for me with COS (under processing)

    Scenario: My Spouse's employer is offering me a job but my EAD is valid till 18th Nov'12. I have worked with the same employer for atleast 1 year in the past 3 yrs (as per L1 eligibility), I worked from Oct'07 till Dec'11 for the same employer in India. Now I want to continue my Job with this employer in US

    Questions:

    Can you suggest which of the following options are best for me?

    A. Employer files L1 Individual for me with COS so I continue working here
    B. Employer files L1 Blanket for me and I go to India for stamping
    c. Is there any other option available?

  • #2
    A. Employer files L1 Individual for me with COS so I continue working here
    >>> Possible.

    B. Employer files L1 Blanket for me and I go to India for stamping
    >>> Possible. Try option 1. If that doesn't work, try option 2.

    c. Is there any other option available?
    >>> No.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks,

      So can the employer file L1 Individual right away or do I need to be on employer's payroll?

      Also, Is there any premium processing for L1 individual?

      Comment


      • #4
        So can the employer file L1 Individual right away or do I need to be on employer's payroll?
        >>> They can file it now. Advisable you file the COS to L1 after your H4 gets approved. Having multiple petitions for different status will complicate things.

        Also, Is there any premium processing for L1 individual?
        >>> Yes. But not advisable in your case as your H4 is pending. If H4 gets approved after L1 approval, you will be in H4 status and you cannot work. Search and read about the last action rule.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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