Tannishtha Posted December 18, 2016 Report Posted December 18, 2016 Hi everyone This is my situation: 1) First 3 yrs of L1B expiring on May 2017. 2) Employer started L1B extn. 3) Employer applying for my green card. 4) Employer wants to start L1B to H1B COS to give me one extra during green card processing. >>I am getting married around June 2017 and want my wife to have L2 work status. So instead of H1B Change of Status I would want to file for H1B through Consular Processing. That way my status still remains L1 and my wife can work during two more years of my L1 extn. (May 17 - May 19). If my H1B petition through Consular Processing gets picked in 2017 then at some point of time between my extended L1 period (May 17 - May 19) if my I-140 also gets approved I will apply to change status from L1B to H1B. That way my wife will also be probably eligible for H4 EAD and will be able to keep her working status (maybe with a small gap though). My main goal here is to participate in the coming H1B lottery but not change status to H1 automatically if picked/approved. I want to delay the change of status to H1B and I learnt H1B through Consular Processing gives me that flexibility. Is there anything wrong with this plan ? >> Is Change Of Status more probable to be approved than taking the Consular Processing way and doing H1B change of status amendment or stamping at a consulate later ? >> With approved H1B Consular Processing, max how long after petition approval I can get my visa stamped ?
shekar11# Posted December 19, 2016 Report Posted December 19, 2016 I am not sure you can delay change of status because both will be filed in parallel. Contact an attorney to be 100% sure about the options.
Recommended Posts
Archived
This topic is now archived and is closed to further replies.