L1 -h1 Cos

M

maradugu

New Member
This is for myself and wife. Currently we are in L1 and wife on L2 EAD. Applied for H1 with another employer and got approval which is eff from Oct 1st. Like to continue in L1 and change later to H1. H1 is applied under COS. My L1 visa is valid till Jan 2009.

For this L1 COS

1. I would like to continue with my current employer on L1. Will my status and wife status change from L1/L2 EAD to H1B automatically after Oct 1 2007?

2. Is there any grace period for me to decide the status? In this 3 months period (Before out of status) can I work with current employer(L)?

3. Can I continue with the current L1 as it is valid till Mar 2008 and would like to continue H employer (NPS tech) after that. Please advice if it is legal?

4. After Oct 1st what is the procedure for me to continue with my current L1 status? Is there any forms which needs to be filed for this change of status from H to L? If so when should I file. Is it before or after Oct 1st ? Can I file of my own?

5. I found in one of your forum that I can change my status back to L1 by filing a COS from H to L. Please guide us how to do this?

Thanks in advance
Sri
 
1. Yes. Your wife's status should be H-4, not H-1B. Has your wife's COS application from L-2 to H-4 been filed? You may know this but she has to do that to maintain her status.
2. No grace period. You cannot work for your L-1 employer until a COS application from H-1B to L-1 is approved.
3. No it is not.
4. Your L-1 employer has to file a COS application with USCIS and the application has to be approved BEFORE you start working for L-1 company again.
5. Same as 4. It is your L-1 employer, not you, who has to do this.
 
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