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Hi,

I am currently on L1, still valid for 2 more years. My employer is applying for H1B for me. I have some questions in my mind, before I proceed.
If I apply for H1B with consulate processing and it gets picked up in lottery, what would happen? I know I will remain on L1 until I go to home country US consulate to get the visa and sticker and enter on H1.
Now, I don't want to do that as the moment my status changes to H1, my L2 dependent will not be eligible to work anymore. Also, my L2 spouse employer is not applying for H1 this year. So, what are my options here?
 

1, Can I stay in US, until my spouse H1 gets approved may be next year,etc and then go together to US consulate for visa sticker? Is there any limit before which I need to visit consulate after H1B gets picked up in lottery?

2. Can I apply for I-140 if my H1 consulate processing gets approved without leaving US and without getting stamp on passport. i.e, I will still be on L1 with H1b consulate processing approved.
With this case, my spouse will remain on L2 and can work. And once I-140 gets approved then I can fill for L1>H1, L2->H4 with EAD.
asked in L1, L2, H4, B Visas & Misc by (150 points)

1 Answer

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Best answer
1. You can continue to remain on L-1 for next 2 years. Even if you leave US, you may decide not to appear for H-1 stamping and return on L-1 visa. You can go for H-1 stamping anytime during the petition validity period. If there is a considerable gap b/w H-1 approval date and stamping date, you may be asked about the delay and you can respond truthfully. It is not a question that would derail your H-1 plans.

2. Yes, an employer can file green card for even if you working on L-1. It can then progress to I-140 approval stage. Who will file the green card for you? Your L-1 employer?
answered by (286k points)
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Thanks Saurabh, you answered like an expert.
As far your question regarding the filling of I-140, I am not yet sure. Currently my employer is ready to file H1B for me. I was working out on a plan to follow keeping in mind the interest of my L2 dependent spouse.
I feel that if my H1B gets approved my employer can file I140 for me.
Do you see concerns here that may arise?
If L-1 employer files a dormant H-1B for you (w/o COS) and also processes your green card, then this may work out.

However, I don't see much advantage for a different lawyer to spend money on your H-1B and green card when you are not going to join them in near future.



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