H1B Selected but Staying on L1B: What Are Our Options for My Work Authorization (L2S)?

T

TLok

New Member
My spouse is currently on an L1B visa and was selected in this year’s H1B lottery. I’m on an L2S visa with work authorization. My spouse has initiated the green card process, but we expect the I-140 approval to take 1–2 years. I would like to continue working during this time.

What are our options?
  • Can my spouse remain on L1B status for now to preserve my L2S work authorization?
  • Will they lose their H1B spot if they don’t immediately change status?
  • Is it possible to defer the H1B activation while continuing the green card process?
 
Yes, your spouse can remain on L1B for now, which allows you to keep your L2S work authorization.
They won’t lose the H1B spot as long as they use it later via consular processing or change of status before activation.
H1B activation can be deferred, and they can switch when it makes more sense timing-wise.
This also lets the green card process continue while preserving your ability to work.
Definitely a smart move to balance both work and long-term immigration goals.
 
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