L1 to H1B COS


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I’m currently working in US on L1-B Visa which is valid till Dec 2013 and my wife on L2 with EAD. We both had applied for H1B visa this year and got selected through lottery.

Now situation is that my Company is not extending my stay in US and I might need to go back in June end .I need to stay in US for 3 months (July – Sept) before my Visa status gets changed to H1B from October.

Can someone advice as how we can stay in US legally before we get our H1B in October.

In addition , I’ve following options:

1)Can L2 visa (with EAD & I94 valid till Dec 2013) holder stay in US if primary L1 visa holder goes back to India (but L1 is still valid till Dec 2013).

2)Can L1 visa holder who has applied for H1B-COS (Shortlisted in lottery and got the Case Number which is in progress) stay in US after quitting the current company for 3 months before getting the H1B in October.

3)Is it required for H1B applicant to be in same VISA status as he was while applying for the H1B.I mean can L1 Visa holder come back on H4 and use the same H1B petition ,which was filed while L1 holder was in USA, to work.

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You must have another valid status. You can try to COS to B2 for the interim period.

L1 status terminates when he leaves the country. L2 is no longer valid since it depends on L1; continuing to work would be illegal. L2 needs to leave the US as well.

If no one in actually in H1B status, there can be no one on H4.

You really need to review the rights and RESPONSIBILITES of guest workers on the USCIS website.

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