Simultaneous COS from H4 to H1B and H4 to L1B

[immination]

My fiancee is entering the US on H4 visa this month. She has already quit her job with Company A (Indian branch of a big tech firm) in order to prepare for our wedding.

 

She's was interviewing with some teams in the NYC branch of Company A before she quit and might be given an offer soon. At the same time she's also managed to find an H1B sponsor - Company B, who's in the process of preparing the LCA to apply for the H1B come April 1st. Both companies will apply for a COS from H4.

 

1. Is it OK to go through the COS applications from H4 to L1B with Company A and H1B with Company B at the same time? Any risks of both applications being rejected or considered invalid?
2. If L1B is approved first (very likely), and then somewhere along the way H1B also gets approved, is the H1B invalid as she's no longer under H4 status when the COS approval comes through? Or will she have to quit her L1B job because the last approval wins?
3. If she's unhappy with the L1B job and wants to switch to the H1B job. How can she leverage the H1B approval if it is considered invalid? Is there an amendment process to switch it to a COS from L1B to H1B after both approvals come through?

 

Any help is appreciated!

 

Thanks,

immination

[jairichi]

My fiancee is entering the US on H4 visa this month. She has already quit her job with Company A (Indian branch of a big tech firm) in order to prepare for our wedding.

 

She's was interviewing with some teams in the NYC branch of Company A before she quit and might be given an offer soon. At the same time she's also managed to find an H1B sponsor - Company B, who's in the process of preparing the LCA to apply for the H1B come April 1st. Both companies will apply for a COS from H4.

 

1. Is it OK to go through the COS applications from H4 to L1B with Company A and H1B with Company B at the same time? Any risks of both applications being rejected or considered invalid?
2. If L1B is approved first (very likely), and then somewhere along the way H1B also gets approved, is the H1B invalid as she's no longer under H4 status when the COS approval comes through? Or will she have to quit her L1B job because the last approval wins?
3. If she's unhappy with the L1B job and wants to switch to the H1B job. How can she leverage the H1B approval if it is considered invalid? Is there an amendment process to switch it to a COS from L1B to H1B after both approvals come through?

 

Any help is appreciated!

 

Thanks,

immination

Being your fiancee she cannot hold a H4 visa. She needs to be legally married to you.

1. Yes.

2. According to last action rule the latest approval notice will hold good.

3. Either H1B employer files a COS from L1 to h1B or she exits and enter US with a valid H1B visa and I797.

[immination]

Being your fiancee she cannot hold a H4 visa. She needs to be legally married to you.

1. Yes.

2. According to last action rule the latest approval notice will hold good.

3. Either H1B employer files a COS from L1 to h1B or she exits and enter US with a valid H1B visa and I797.

 

Thanks jairichi! I forgot to mention I'm flying to India to get married to her and bring her back with me in a few weeks on H4. :)

[jairichi]

Thanks jairichi! I forgot to mention I'm flying to India to get married to her and bring her back with me in a few weeks on H4. :)

Now it is clear. Congrats.