L1 to B1 Change of Status (COS)


nehave

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Hello,

 

Currently I my husband is on L1 visa and I am on L2 visa. Our visa is expiring on 28feb 2014. My employer is ready to file H1b for me, but he is saying that he will only file my h1b visa if-

 

 I stay in US and he is asking me to do COS from L2 to B2, and work here till 6 months without going to India.

 

In case I get my petition approved, I have to go to India, because March to Oct its 7 months and I can stay upto 6 months only on b2.

 

Also he says that chances of getting visa/petition approved increases if I am in US, so he wants me to be here when he files the petition.

 

I told him I can go to India in march, file b1/b2 come back in May and stay till october and then do change of status from b2 to h1, but he is not agreeing.

 

Please tell me what should I do in this condition?

 

1. Do COS from L2 to H1B , stay here till august (6months) and then go to India, get it stamped and come back in Oct.

2. Go to India in March, apply for b2 come back in May and stay here till september end and thendo COS from b2 to h1b

 

Is there any other alternative then let me know.

 

Thanks!

 

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Hello,

 

Currently I my husband is on L1 visa and I am on L2 visa. Our visa is expiring on 28feb 2014. My employer is ready to file H1b for me, but he is saying that he will only file my h1b visa if-

 

 I stay in US and he is asking me to do COS from L2 to B2, and work here till 6 months without going to India.

 

In case I get my petition approved, I have to go to India, because March to Oct its 7 months and I can stay upto 6 months only on b2.

 

Also he says that chances of getting visa/petition approved increases if I am in US, so he wants me to be here when he files the petition.

 

I told him I can go to India in march, file b1/b2 come back in May and stay till october and then do change of status from b2 to h1, but he is not agreeing.

 

Please tell me what should I do in this condition?

 

1. Do COS from L2 to H1B , stay here till august (6months) and then go to India, get it stamped and come back in Oct.

2. Go to India in March, apply for b2 come back in May and stay here till september end and thendo COS from b2 to h1b

 

Is there any other alternative then let me know.

 

Thanks!

If your I94 expires on 28th Feb 2014 and you apply for COS to B2 you have to stop working from 28th Feb 2014.

1. If your I94 expires by 28th Feb how will you apply for COS from L2 to H1B.

2. They way you say employer has to pay H1B fee twice. Once for filing your H1B in April 2014 and again apply for COS after Sept.

 

Find a better employer.

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