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Reen21

H1-B filed with Change of Status

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Hi,

My H1-B was selected in the lottery this year. I had asked the attorney to file it with Change of Status Application. I am currently on L2 EAD with is valid until Aug'18 and can get extended with my husband's L1 extension for about 9 more months. I would like to switch to my H1-B around my L2 EAD status expiry (about April'19). I understand, in that case, I shouldn't have filed for Change of Status and should have stayed with the Consular processing option. However, at this point, there is no way to go back on the Change of Status application, other than getting it void by traveling abroad before my H1-B gets processed. I have a few questions in this regard:

1. Will my travel abroad at this point in anyway affect my H1-B application?

2. Which neighboring country should I travel to by air to ensure a new I-94, which would then lead to COS denial - Canada, Mexico or Jamaica?

3. How long should I stay in one of these neighboring countries to ensure that I get a new I-94?

4. What documents should I carry and hand over to the CBP officer, and at what point, to ensure my H-1B application is not affected

5. If I get a new I-94, will my H-1B be then processed under Consular processing? Will I be able to decide later when to switch to H1-B from L2? I am traveling abroad in December, but not planning to get the stamping done at that time, if my COS gets denied.

Please help me with my doubts. 

 

Thanks.

Edited by Reen21

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You have to run these questions by your Lawyer. The rules have been altered. If you wanted to work from 2019, it was possibly a mistake to have a sponsor file your H1 this year. How are you sure the H1 sponsor will not revoke your H1 in which case you will have to go back under the cap in a future year?. 

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