L1 to H1

[babub76]

Hi ,

I am on L1B (valid uptp 2009) with company A. Another US based company B is processin my H1B in this fiscal year 2006.

But for my marriage reasons (Nov 23), i dont want to shift my job on H1 till Jan'2007 and i want to bring my wife here on L2.

1. Please let me know how can continue with my L1 till Jan 2007, despite my H1 approval on October 2006?

2. Is there any way i can cancell my H1 , before approval ?
or
Is there any way we can do this legally ?

Please clarify .

thanks and regards....

 

[GotPR?]

Option1. Bring your spouse as L2 before Oct.
Option2. Bring your spouse as H4 after Oct.
Option3. Give up H1 this year and bring spouse as L2. You had better reenter the US with L1 after Oct in this case.

Otherwise , it will invite some complication.

 

[babub76]

Thanks for your reply,

How to give up my H1 ?

 

[GotPR?]

Thanks for your reply,

How to give up my H1 ?

That is technically easy
you can tell H1 sponser you decided not to join them.,
if B still did not cancell H1 petition and somehow it ended up in approval, your status may change to H1 on CIS's system. In that case, you should go out and reenter the US after Oct with valid L1 stamp, therefore, your reentry with L1 overrides your approved H1 change of status.

 

[babub76]

Thanks for your reply once again.

In this case (giving up H1)...

1. Can i continue my current job on L1 ,after october 1 st even after my H1 approval till i am going to india on Nov for my marriage?

2. Reentering US after my marriage on november is fine with my wife on L2 ?
In otherwords , should i reenter US , immediatly after October one ?
So that my L1 will override my approved H1.

3. Is there any problem for my wife in L2 visa interview on Nov or Dec in embassy b'ce of my approved H1?

I really appreciate your help on this....Thanks

 

[GotPR?]

1. Can i continue my current job on L1 ,after october 1 st even after my H1 approval till i am going to india on Nov for my marriage?

If you want to work with L1 after Oct, you have to either change your status back to L1 or you have to reenter the US with L1 stamp after Oct 1. I think just travel with L1 is fastest way.

2. Reentering US after my marriage on november is fine with my wife on L2 ?
In otherwords , should i reenter US , immediatly after October one ?
So that my L1 will override my approved H1.

if you have valid L1 stamp and valid L1 job, and you wife has valid L2 stamp, there should not be problems.

3. Is there any problem for my wife in L2 visa interview on Nov or Dec in embassy b'ce of my approved H1?

No, approved H1 itself should not do anything to L1/2 stamping.