On L2 Visa and have H1B + COS .. To Maintain status Filing L1 + L2 Extension

[savita]

Hi,

Me and my husband is on L1 + L2 visa which expires on Aug 20, 2012. My Husband have 6 months of L1 extension from Total (5) years limit rest we have consumed.

My Company filed H1B visa for me + COS and it got approved the Approval notice says i can start working from Oct 1, 2012 but because of L1+L2 visa is getting expired on Aug 20, 2012 we won't be able to maintain legal status in US. So to maintain status my husbands company has decided to file L1 + L2 visa extension.

My Questions are

1) Will L2 extension approval when it come will override H1B visa?

2) If YES how we can withdraw the petition only for L2. My Husband will remain in L1 Visa.

Pls help us.

Thanks,

Savita.

[pontevecchio]

Why are you not getting the H1 visa and coming back up to 10 days before the start?

[savita]

Yes i can do this but i already have change of status approved for me & i have a fear if i go india for stamping my visa can be rejected because my company is a small company.

Please suggest me if my husband do L1B + L2 extension will this effect my Approved H1B + COS which starts from 1 OCT 2012.

Thanks for your help in advance.

Savita

[pontevecchio]

You have to balance the fear of not getting stamped with the fear of getting laid off if your status changes to L2 later on if the L2 extension is approved.. Why go to companies where you think the visa will be denied. Since there are no guarantees in life SPEND some money and have your Lawyer go through the documentation to make sure you have no visa stamp problems.