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L1b to H1b Change of Status

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  • 09-25-2012, 04:42 PM
    Orochimaru
    L1b to H1b Change of Status
    Hi,
    I am in US on a H1B visa
    My wife is travelling to US on L1B (blanket) visa for company A, although she does not wish to continue with that company for long owing to the distance between us. Company B is ready to file for her H1B visa. Company A has a three month notice period.
    1. When should the change of status be filed, to ensure that she does not have to sit back home during the period April/Oct
    2. How long does it take for the COS to go through.
    3. Can she keep working on L1 visa for company A while filing for a future date of COS of Oct 1st.
    4. Like one can have multiple H1B visa's can one have L1 visa alongside a H1B visa?
    5. Is it mandatory to file COS instead of an entirely new H1 application?

    Thanks in advance.
  • 09-27-2012, 08:54 AM
    Mr. Knowitall
    Re: L1b to H1b Change of Status
    Your wife needs to discuss issues of start date, transition, whether or not to pay for premium processing, and the like, with her prospective employer and, if necessary, its immigration lawyer. If she and her employer decide not to seek COS, they don't have to seek COS; she can discuss that, and the ramifications of that approach, with her prospective employer and its immigration lawyer.

    A COS could take two months, or it could take much longer depending upon the facts and issues that may arise. She can continue to work on her L1 visa. She will not have multiple visa statuses at the end of the COS process. It's called change of status for a reason.
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