L1B TO H1B COS

[jan15]

Hi ,

My husband is on L1B and I am on L2 - I have been working on L2.

Our L1/L2 visa expires on Aug 2013 but his I 94 is valid until 2015 .

My husband's company has applied for H1B ,(on april 2013) Change of status. So if his H1B visa is approved can he still continue to be on L1 , I 94 - that is valid till 2015 ? Can anything be done now , so the application indicates not change of status?

Thanks

[kattu786]

Hi ,

My husband is on L1B and I am on L2 - I have been working on L2.

Our L1/L2 visa expires on Aug 2013 but his I 94 is valid until 2015 .

My husband's company has applied for H1B ,(on april 2013) Change of status. So if his H1B visa is approved can he still continue to be on L1 , I 94 - that is valid till 2015 ? Can anything be done now , so the application indicates not change of status?

Thanks

He can not work on L1 after H1 is approved.I assume that its filed under cap and in that case the date would be 1st Oct.

[sk.january]

Can anything be done now , so the application indicates not change of status?

Thanks

Once you file the petition nothing can be done to change the I-129 (which has the COS request)

If your husband had a previous H1B and this new filing is not under FY-2014 CAP you can request the employer to withdraw the petition and re-file a new petition.

I doubt that an employer who can file a COS, so your husband can start working with them after the H1B approval would consider that as a proposal though.

[jan15]

Is there a way that he can decide not to realize the H1B,if his company decides to do an L1A ? If so , what is the timeline for it?

[jan15]

I doubt that an employer who can file a COS, so your husband can start working with them after the H1B approval would consider that as a proposal though.

He is not switching employers . The same employer applied for H1B FY 2014 CAP.

so , can an amendment be made to swich the petition to CP? I think from the replies I gather the answer is no - but still confirming .

[sk.january]

If a H1B was filed without COS and after its approval the beneficiary intends to work with the sponsoring employer, the employer will have to file a new petition again.(for COS).

If this was a petition filed for FY2014 and his petition was picked the best way is to wait until it is approved and then withdraw the petition. This way your spouse is covered in this years CAP and the employer can file a cap exempt petition next year(anytime).

I would assume the I-94 that grants a COS from L1 to H1 will be revoked(H1B status automatically and if it doesn't then drive to Canada/Mexico and request the officer at the land-port to give you new L1/L2 I-94's for both of you. -> Check with an attorney!!!

[JoeF]

He can not work on L1 after H1 is approved.I assume that its filed under cap and in that case the date would be 1st Oct.

That is not completely correct.

If the H1 was filed under the quota with COS, he would be in H1 status from Oct. 1 on, even if the H1 is approved earlier. At that point, the H1 start date matters.