rhegde
09-09-2010, 09:28 PM
Hi,
I'm on L1B and wife on L2B with EAD and currently working. Both are expiring on Dec 30,2010. I got my H1 with COS, which is effective from Oct 01,2010 for 1 year and my wife got H4, effective from same time. My wife's company is filing for H1 for her and has already applied for LCA. After the LCA, they are not sure whether to apply for COS from L2 to H1 before Oct 1st or if they want to wait till Oct 1st and then file for new H1 with COS from H4 to H1. In the second case, she will not be able to work till she gets her H1.
Also if they file for H1 before Oct 1st with L2 to H1 COS, and if she gets RFE, then not sure whether the whole application is invalid as my wife's status would have changed from L2 to H4 during the course.
Please advice my options. Is it OK if her company file for new H1 with COS from L2 to H1 as soon as her LCA get approved with premium processing? Is it going to be a problem if she gets RFE?
Or is it adviseable to continue to be on L1/L2 till she gets H1? If yes, how can I change my status back to L1 before Oct 1st 2010? Can my company do it me? How long the process will take? I also heard that if I go abroad and come back, I will continue to be on L1. In that case should my wife acccompany me? Do I have to go out and re enter before Oct 1st?
If I change my status back to L1, what will happen to my H1? Will it still be valid? If I'm planning to change to a different company, can it be just transferred to that company and I can work there?
Please help.
Thanks
I'm on L1B and wife on L2B with EAD and currently working. Both are expiring on Dec 30,2010. I got my H1 with COS, which is effective from Oct 01,2010 for 1 year and my wife got H4, effective from same time. My wife's company is filing for H1 for her and has already applied for LCA. After the LCA, they are not sure whether to apply for COS from L2 to H1 before Oct 1st or if they want to wait till Oct 1st and then file for new H1 with COS from H4 to H1. In the second case, she will not be able to work till she gets her H1.
Also if they file for H1 before Oct 1st with L2 to H1 COS, and if she gets RFE, then not sure whether the whole application is invalid as my wife's status would have changed from L2 to H4 during the course.
Please advice my options. Is it OK if her company file for new H1 with COS from L2 to H1 as soon as her LCA get approved with premium processing? Is it going to be a problem if she gets RFE?
Or is it adviseable to continue to be on L1/L2 till she gets H1? If yes, how can I change my status back to L1 before Oct 1st 2010? Can my company do it me? How long the process will take? I also heard that if I go abroad and come back, I will continue to be on L1. In that case should my wife acccompany me? Do I have to go out and re enter before Oct 1st?
If I change my status back to L1, what will happen to my H1? Will it still be valid? If I'm planning to change to a different company, can it be just transferred to that company and I can work there?
Please help.
Thanks