H1- L1 issue

[Kanikasharma]

Hi,

My husband is on L1B currently and its valid till Feb 2013. However, his employer has applied for his H1 for this year. We plan to go to India in Oct - so my question is

1. is it possible that we go on L1 in oct and come back on L1 and after that on returning can we start working on H1?

2. Our L1 , I94 has date till 2015 - so if we get a similiar date again in Oct - can we keep on working on L1 even though it expires in 2013

Thanks in advance for the help.

[JoeF]

If you use the L1/L2 visas to return, you would be in L1 (your husband) and L2 (you) status, meaning that your husband would have to continue working for the L1 employer.

The H1 employer would have to file an H1 COS again, and once that is approved, your husband would have to start working for the H1 employer, and you would have to apply for an H4 COS.

You only have one status while in the US. It is not possible to have both.

So, make a decision and stick with it.