L1B to H1B with consular processing

[shruthiash]

Hi,
My husband is on L1b and I am on L2. I am working on L2 ead currently. If my husband's H1B is selected and processed this year through consular processing, we heard that we can keep the L1/L2 status valid till the L1B expiry(ours is april 2020) and then move to H1B/H4 just before the L1B expiry. But can we travel to the to the home country a couple of times before 2020 and still retain the L1/L2 status(because of consular processing)?

[Libra_14]

Hi,
My husband is on L1b and I am on L2. I am working on L2 ead currently. If my husband's H1B is selected and processed this year through consular processing, we heard that we can keep the L1/L2 status valid till the L1B expiry(ours is april 2020) and then move to H1B/H4 just before the L1B expiry. But can we travel to the to the home country a couple of times before 2020 and still retain the L1/L2 status(because of consular processing)?

You can hold multiple non-immigrant visas at one time. So as long as your husband is working with same company (L1), you can keep your L2 status. If your husband changes job or move to H1 visa, you'll also need to change your status.

With any valid visa & job - you can freely go to your country & come back.

[shruthiash]

My husband's h1b got selected in this lottery - april 2020.
Does this sequence sound correct?

• h1b processing continues.
• Stamping can be done later (jan 2022 since it is consular, towards end of l1b).
• Start green card application immediately.
• Should get i140 by august 2021.
• jan 2022 get h1b and h4 visas stamped together outside the country.
• Come into usa and apply for h4 ead.

Does this sequence seem correct? Can we get h1b and h4 stamped together?

[ayushbajaj29]

Hey Shruthiash, Your sequence looks correct except the green card application step. Did your husband not file the i-140 PERM application already? As it takes a while to get it approved. You have enough time but still, it is better to get the process started if not already.
Yes, you can get H1B and H4 stamped together

I am in a very similar situation as your husband. My L1B visa is getting due for extension in Jan 2021, and due to covid we are not sure if we can make it to Consulate for interview. Curious to know how did your husband renewed his L1B visa? Did he went to Consulate or did he file an individual petition with USCIS?