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Immigration Issues/L1 to H1 and back to L1

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QUESTION: I'm currently on L1B working with a company A working in US right now.

I applied for L1 to H1 transfer for Company B ..

Now what if my H1 is approved on 15 Sep, making me eligible to work on that from Oct 1. What is the way out for me if I still want to retain my L1 status and continue working for my current company as now.
Another question is-
An employer C is also applying H1 for my wife, what is her H1 decision is not received before Oct 1st, will she still be on L2 (assuming I change my status to H1) or she will be out of status and what could be the implications for being out of status for a month or so with valid I94.
Thanks in advance for the help

ANSWER: Hi,

If your employer requested "change of status" then you will automatically be on H1B status per the validity date noted on H1B approval notice (since the case is subject to the visa cap, it will not be valid prior to Oct. 01). The change of status to H1B will be the "latest action" by the USCIS, and since you can hold only one status at a time in the U.S., you will no longer be in L1 status.

If the employer requested "consular processing" instead of change of status, then you will continue to be on your current L1 status until you take the deliberate step of applying for H1B visa stamp at a U.S. Consulate outside the U.S. and then entering the U.S. by showing the H1B visa stamp.

Your wife will lose her L2 status if you are granted change of status to H1B. She will be in violation of her L2 status, and thus should depart the U.S. as soon as possible upon receiving news of your H1B approval granting you change of status to H1B. Alternatively, she can at this time file for change of status to H4 with the USCIS based on your pending H1B. She will thus automatically be in H4 status when your H1B is approved (even if her H4 application has not yet been approved by the USCIS, as long as it has been filed prior to approval of your H1B, she will be able to remain legally in the U.S. until H4 approval).

---------- FOLLOW-UP ----------

QUESTION: Thanks for the detailed response, really appreciate your help.
I want to check if there is any way out that I can retain my L1 status if I get to know of my H1 approval but still there is a week so in start of its validity?

Answer
Hi,

If the H1B petition is revoked by the employer prior to its validity period, then you will continue to maintain L1 status. Please note that only the H1B employer (or the attorney who prepared the H1B petition) can revoke the petition with the USCIS.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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