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  1. #1

    Default L1/L2 to H1b


    I and my husband are residing in US with L1/L2 visas (From Indian MNC) which is getting expired this Dec 2012.

    I'm working for Company A with L2 EAD
    My husband working for company B with L1B.

    Since nowadays most of L1 extensions are getting rejected my husband's company advised to file for H1B which they will sponsor.My company is now willing to sponsor H1B for me. We are going to file for our H1B visas at the same time in coming april 2012

    I have few questions with this situation.

    1) Can I file for H4 along with my husband's H1 along with my H1B ? Just in case I can switch to H4 if my H1B is rejected.

    2) If I can't file for H4 and if my H1B is rejected can I change to H4 while remaining in US itself.

    3) Suppose we got our H1B visa approved can we go to Canada and get it stamped to change from our L1/L2 to H1B ?

    4) I understand our H1B will be valid from Oct 2012. Does that mean we can continue on L1 till Dec 2012 and then Change to H1B ?

    5) Is there any chance that when I go for stamping to Canada before Dec and it would get rejected ? If yes can we return to US with L1/L2 and try for L1 extension?

    6) I understand its better not to leave US while our H1B processing is going on. Is that true?

    7) In current scenario can our H1B petition likely to get rejected ?

    Thanks in advance

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: L1/L2 to H1b

    You will both be filing for H1B visas, so you would not also be filing for H4 visas. If one or the other of you is rejected for H1B status while the other's petition remains pending, you can apply for H4 status at that time. Should it come down to applying for change of status, you would need to do so before you go out of status on your L1B, and before your spouse's H1B becomes active.

    Your spouse's L1 status will end when his H1B is approved. Once your husband is in H1B status, you should expect that you will no longer be able to enter or reenter the U.S. on the basis of the former L1/L2 status - you should expect that the L1/L2 visas will be cancelled (CWOP) when you go in for the H1B stamping. If you are petitioning to change your status from L1/L2 to H1B, as you've been told it's best not to leave the U.S.

    I am not in a position to evaluate the likelihood of your obtaining a H1B visa.

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