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Conflict In L1 B Cos To H1 B

Discussion in 'AC 21 H-1B Issues' started by Sreetaduka, Aug 31, 2016.

  1. Sreetaduka

    Sreetaduka New Member

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    I have a question regarding L1-B visa COS H1-B conflict.

    My wife is on L1-B working for company "A" since December 2015 and i am on L2 EAD.

    We have a valid visa for 3 years.

    My wife applied for H1B visa this year through company B for L1-B COS to H1B and selected in the lottery and waiting for petition approval.

    Normally her visa status may get changed from L1B to H1B from Oct 1st if petition gets approved on or before Oct 1st.

    My question is:
    We would like to continue working on L1 & L2 only.

    1. Could you please suggest us the best possible way to continue on L1 & L2.

    2. If she wants to change visa status from L1-B to H1-B in future( may be after 2 years ) so can we use the H1-B visa that was already selected in lottery.

    Please suggest on this.

    We have read in forums that if we can cross the country before Oct 1st and enter into USA on L1-B after Oct 1st then we can continue working on L1-B & L2.

    In this case what will happen with my selected H1-B.
    If my employer ( company B ) revokes my H1-B now then after 2 years if i want to use my H1-B then will my H1-B exempted from the CAP process.

    Are there any complications involved in this.

    It would be very much helpful if you could suggest on this.

    Thank You,
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Assuming your status is changed to H1B, then you may exit and reenter after October 1st and resume working as an L1. The L2 would again have to request work authorization. You will be eligible to return to H1B status without being counted in the cap for the next six years.
  3. Greeeeencard

    Greeeeencard Guru

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    But remember, your Max-out time is counted as (Time on L1 + That on H1), so can't understand why you still want to work on L1.

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