Advice needed on L1B to H1B switch


amit_123

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This is my first post on this forum, so kindly bear with me in case I missed stating some facts. I will be happy to share more factual information in case needed. Appreciate the help in advance.

 

I am currently on L1B and my wife on L2B and we are both employed. My H1B was approved in 2012, but I did not chose COS option at that time because I wanted to continue working on L1 as long as possible (so that my wife can keep working on L2).

 

I will complete 5 years on L1B in Feb 2015

 

Here are my questions:

1) Given that I selected "consulate processing" for H1B, do we need to go out of USA in Feb to get a H1B and H4B stamp respectively. Or can we switch visa while in USA and defer the stamping to a later date in 2015 when we travel internationally.

 

2) Will my wife become ineligible to work in Feb 2015 when my work visa is changed to H1B. Any way we can legally extend her eligibility to work beyond Feb 2015? Her EAD card expires in Sept 2015.

 

3) Any restrictions on international travel for us? Can we travel internationally in Nov 2014 and enter on L1 & L2 respectively?

 

Thanks

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Here are my questions:
1) Given that I selected "consulate processing" for H1B, do we need to go out of USA in Feb to get a H1B and H4B stamp respectively. Or can we switch visa while in USA and defer the stamping to a later date in 2015 when we travel internationally.
 
2) Will my wife become ineligible to work in Feb 2015 when my work visa is changed to H1B. Any way we can legally extend her eligibility to work beyond Feb 2015? Her EAD card expires in Sept 2015.
 
3) Any restrictions on international travel for us? Can we travel internationally in Nov 2014 and enter on L1 & L2 respectively?

1. Yes you need H1 visa is you opt for consular processing

2. Yes, once you are on H1 her L2 is gone.

3. You can enter on L1 but you might need H1 visa to work on H1.

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Thanks for the reply. Is is possible for my employer (with whom I am currently working on L1 and same employer who filed H1B) to change from consular processing to change of status, thereby saving me unnecessary travel just for stamping?

It can be done after your H1B approval. But, in that case employer has to file a cap exempt H1B petition with COS and pay H1B fee again. I do not think your employer will be interested to pay twice for one H1B petition.

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