L1 to H1 approved but how to stay in L1 after Oct 1st

[jay82]

Sir/Madam,

 

I am on L1 which is valid through July 2014  and my spouse works with L2 EAD which is valid through July 2014.

 

My company has applied for L1 to H1B conversion and it is approved - start date for H1B is Oct 1st.

 

What do i have to do to stay in L1 from Oct st ? or how do i deactivate the automatic H1B start date?

 

will leaving outside US on September 28th and coming back to USA on 2nd October with L1 work?

 

If yes to the abouve point - Can i travel alone outside US (leaving my spouse in USA) and coming back to USA on October 2nd?

 

Appriciate your help on this.

Jay

 

 

 

 

 

 

[pontevecchio]

What does your company say?

[jay82]

I didn't talk to them

[pontevecchio]

Why did they want you to convert to H1 status in the first place? How is it possible to ignore the company and decide what status you want to be on? Surely it is the companies decision?

[jay82]

Company says, both (me and my spouse) should leave US and return after Oct 1st if i have to continue in L1.

[jairichi]

Company says, both (me and my spouse) should leave US and return after Oct 1st if i have to continue in L1.

Yes, that is correct.

[pontevecchio]

As above.

[jay82]

I have a new born and my spouse can't travel at this time. is there any other way? what happens if i travel alone.. spouse L2 is depending on my L1. If am in L1 then she has to be in L2, right? or it doesn't work that way?

 

I can't travel outside US with my dependents in US for couple of days even though I am in US payroll?

[jairichi]

I believe when you applied for a COS from L1 to H1B your employer would have included your wife in petition to get H4 status for her. One option you might have is to leave US and re-enter with your L1 visa and once you do then immediately apply for a COS for your wife from H4 to L2. I am not very sure about this option. Wait for other members to give their opinion.

[pontevecchio]

Any specific reason why you want to stay in L1 status?  You can get back to L1 status even later on.

[jay82]

@ jairichi - you brought a very good point that i didn't know about. COS for spouse as soon as i am back to US..  how long does it take and is that something my company have to do the change from H4 to L2 COS?

 

@pontevecchio - my spouse works on L2 and if i change it to H1, she will be on H4 and she can't work. that is the reason I have to be in L1.

 

Thanks a lot for your response!

[jairichi]

@ jairichi - you brought a very good point that i didn't know about. COS for spouse as soon as i am back to US..  how long does it take and is that something my company have to do the change from H4 to L2 COS?

 

It takes 2.5 months to get COS approved. But, your wife can legally stay in US as long as she gets her receipt notice from USCIS for COS. Either you or your company can do this. Just run this option through your employer's attorney and see what he/she has got to say. I understand your point that your wife could work on L2 EAD and not on H4.  I knew that was the reason when I saw your post.

[jay82]

 can she work during COS from H4 to L2 time period, since she has the existing EAD?

[jairichi]

 can she work during COS from H4 to L2 time period, since she has the existing EAD?

I am sorry I do not know the answer for that. Ask your attorney with the option I provided you