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sachinshankar

I need to max out my L1b term of 5 years and then move to H1b so that my spouse is able to work. What are my options?

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Posted (edited)

I am currently on L1B blanket VISA from August 2016. The first 3 year term expires on August 11th 2019 and my I-94 is valid until August 21st 2019. I had applied for h1b in the 2020 cap season under consular processing. I have been selected in the lottery but haven't received the approval yet. Since premium processing isn't allowed for consular processing, the approval may be delayed. 
My spouse is working on L2 dependent visa. I need to get my L1-B visa extended for 2 more years so that my spouse can continue to work on L2. 
However, my employer is pushing me to wait for h1 approval and then convert to h1b. Employer is also holding back on l1b extension. One option provided to me by my employer is to leave the country before August 21st and return with a H1b stamp starting October 2019. With this option the anticipation is that I will be out of US for 6-8 weeks until I get the H1b stamp.

 

1. I assume I will be out of employment once I leave the country after August 21st and until I return on h1b, as I will have neither L or H visa status durin this period. This means that I cannot be working and hence no pay. However my employer thinks I will still be in US payroll and will work from my home country during this term. Is this possible?
2. I tried convincing that my spouse's employment will be affected due of this interim arrangement. Spouse is still waiting for her H1b to be picked in lottery. Is there any option for me to extend the L visa even after my h1b being approved?
3. Are there any other options for me to keep my L1b status?

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Edited by sachinshankar

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1. You can not work in the US.

 

2. L2 is dependent on your L1, no L1 no L2.

 

3. Renew your L1 not sure why you went to H1.

 

 


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Assuming OP is an Indian national, many switch between L and H and try different combos to maximize stay in the US and/or GC sponsorship. 


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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You are aware that many H4s are not able to get work authorization, right?  Do you have an approved I-140 petition?  Or, do you fall under Section 6 (a) or (b) of the AC21?  One of those is the first requirement -- and you made no mention of a green card application or. PERM LC having been filed by your employer for you.

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20 hours ago, WeGuyGal said:

Assuming OP is an Indian national, many switch between L and H and try different combos to maximize stay in the US and/or GC sponsorship. 

Yep that makes sense and as it is a lottery who knows if they will be successful next time if this one is turned down.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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