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Immigration Issues/Can I work in US after spouse files immigration

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I work for a big India based MNC. I was in US on H1B for 3 years and now am in India. I got H1B renewed and is good till 2009. My company in India as part of new policy does not want me to go back to US on the same H1 visa. Rather they are processing my L1 visa. I am not interested in traveling on L1 as I cant change companies.

Also I married to a GC holder recently and she would be getting her citizenship in 2 years time.

Here are a few questions...

CASE 1

1. Can I travel to the US on the renewed H1B visa without the knowledge of the company? Is there a possibility that the company has cancelled my H1? (which I am not aware of from the company).
2. Is there a way to verify that my H1 is not cancelled from USCIS??
3. Is there a risk involved in traveling (like detention at the port of entry?)
4. Does my H1 visa get invalidated once I get the L1 stamped?


CASE 2

1. Lets say I get my L1 visa stamped in a months time, and fly to US along with wife, Can she file immigration for me immediately ? Will I get a EAD ? (I would like to shift the company after reaching there).
2. Lets say I qit the job, can I stay in US as my wife has filed for immigration?
2. I heard that there will be a delay in me getting the immigration benefits as my wife's GC has already been approved before our marriage. does this in any way impact my situation.

CASE 3

1.If I find a new employer while being in India, can i request him to transfer my H1 to his company? or will that require me to be present in the US?


Please advice the best option for me....

Thanks a lot in advance


Answer
Asrar,
1) You cannot enter the US on H visa if you do not have job or employer. It is called FRAUD and you run the risk of being permanently barred from entering the US again in the future.
2) You can file for your immigrant visa through your wife but you will not be eligible to obtain your EAD immediately. Your wife should be a US citizen for you to obtain these benefits immediately.

3) You can change employers in the US.


Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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